list CONGRE Ss [ SENATE, ] Ex. Doc. Lai S ssion. No. 13. TH1E 1RESIDENlT OF THE UITED $STATES, COM 0 I NI AT IN G 1 u i^pfiane'e'wtit a reszo'Qutiot of the enate, information in relatiton to 2e a,,cduc-liou of e/ey, alias Garcia, frowm New Orleas. JANAX-R 14, 1.850S Read, -ordeled to lie on the table, end to b' priatedp 1 t' ianhe Sea te O Un te rted States: I herewi-th trarsm:it repolts from the Secreta'r of State and the Seere-'tan, off the Navy., containing the informationa ctaled for by a resolution of The Senate of the 7th instasnt, in relation to the abduction of Rey falias Ocarcia, hion New Ort1eans. Z, TAYLOR. WI.tisiar-.:do'.:NO:y mu."t'14 1850. I)EPAPRrTNT'1 OF STATER Yas/:i.gton-,.fazuc y 14, 1850, T'ie SectrearVy oF State, to xlhomr has been referred the resolution of the iSenate of the rnited States of the 7th' instant, requesting the President -' to comm'nimcate to the Senate copies of' all correspondence that has taken pi ac wnhi thhe i lmniste o, f Spain in Washington, or the authorities'f Cuba, o^ tlh American consu:d at:avaa a,'or others, concerning the.abdauction of Rey., lies Garcia, from New Orl:eans, by the Spanish consul tf that por:t o'r bV his procn'emel nt or connivance, together with the cor'res;pondence i-with thec district attornley';f the United. States for the eastern district of Iouisf iana, or ot er officers' of the government in that 8tate,.;nd. the instructions gi —ven touching thiis affir; also, copies of all the proceedig3gs. and testim.onyv) andc arguments of counsel) if reported to the csgovernm'ent, had -ad taken relating to it, before Judge Bright and Commissioner GCohen. and al the proceedmngs had and reports made to the oovrenrment since that texam-naton' togeer wlitha other idocnments, ~ins:tretii-.s, co respondlence, o other papers, touchinlg said -aiair, in pos9essio.n of the government.r t,' —has the honor to report to the President the ccom~ipaningn papers, which yir l le foumd to coitain the official informa-ion oh fil e in this departmenct called for by the resolution, No official'copy of the testinmony taken before Jludg- Bright and M. M.. Cohen, UTnitedU States commiwssioi:er, has hbeen received at the departnment We Inave no'tlting beyond'the newispaper reports of that testinmony, which are hereato appended Respectfully -sab mitted,. JO0HN M., CLAYTON. To the PRESIDENT oF THIE JNUXTD STATE'S [183 2 List of papers submitted by tAe Secreiary of Statfe Secretary of State to Mr. Huniton, dated July 28, 1.849. Mr. Hunton to Secretary of State, dated August 3, 1849, The same to the same, dated on the same day. Secretary of State to M/r. Hunton, dated August 8, 1849 (Extracts.)Mr. Hunton. to Secretary of State, dated August 14; 1S49', The same to the same, dated August 15, 1849. Secretary of State to Mr. Hunton, dated August 20, 1849, Mr. Hunton to Secretary of State, dated August 23, 1849. The same to the same, dated August 28, 1849. The same to the same, (with enclosure,) dated August 29, 1849. Secretary of State to Mr. Hunton, dated August 30, 1849. Mr. Hunton to Secretary of State. (Received at the Department of State on the 4th of JanuIaryv 1850.) TMr. Gayarre to the President of the United States, (Awit enclosures,) dated August 27, 1849. Mr. Crossman to Secretary of State, (with enclosures,) dated August 27, 1849. Secretary of State to Mr. Crossman, dated September 7, 1849, Secretary of State to Mr. Campbell, dated July 28, 1849. Mr. Campbell to Secretary of State, (with enclosures,) dated July, 31, 1849. The same to the same, (with enclosures,) dated August 2, 1849. The same to the sanme, (with enclosures,) dated August 8i 1849. Secretary of State to Mr. Campbell, dated Auglst 20, 1849. (Extracts.) Mr. Campbell to Secretary of State, (with enclosures,) dated A-ugust 13, 1849. The same to the same, dated August 16, 1849. The same to the same, dated August 18, 1849. The same to the same, (with enclosures,) dated August 20, 1849, Mr. Campbell to Secretary of State, dated September 1'7, 1849, (Extracts.) Secretary of State to Mr. Campbell, dated September 19, 1849. Mr. Campbell to Secretary of State; dated October 13, 1849, The same to the same, dated November 18, 1849, Mr. Calderon to Secretary of State, dated August 2, 1849. (Extracts.) The same to the same, (with enclosures,) dated August 27, 1849, Secretary of State to Mr. Calderon, dated August 28, 1849. The same to the same, dated September 3, S149. M'. Calderon to Secretary of State, (with enclosures,) dated September 4, 1849. (Extracts.) The same to the same, (with enclosures,) dated September 13, 1849. Secretary of State to Mr. Calderon, (with enclosure,) dated January 4, 1800. Secretary of State to Don Carlos de Espanfa, dated January 4, 1850. Mr. Calderon to Secretary of State, dated January 9, 1850. Newspaper report of the trial of the Spanish consul, Don Carlos de EspaFa, before M. M. Cohen, United States commissioner, and Judrge Bright. 3 [13] Secretary of State to MI. Hutnton. [Per telegraph.] STATE DEPARTMENT, Washington, July 28, 1849. Sin: You will communicate to me forthwith all the information you possess or can obtain respecting the alleged abduction and transportation to Cuba of Don Juan Garcia, alias Juan Francisco Rey. If it be true that such a person has been abducted from New Orleans by the Spanish authorities or their agents, you will report the facts with the least possible delay, with a view to further and immediate action.. Fail not, on any account, if you finc the story in the public papers to be substantially true, also to communicate the facts you can rely upon, to Coummandant Newton, at Pensacola. It is hoped here that the story may not be true; but if it be, it is all-important that you ascertain the particulars correctly, and transmit them, as above directed, to Commandant Newton, at Pensacola, as well as to this department. JOHN M. CLAYTON. P. S. Report by mail and by telegraph also. LOGAN HTIUNTON, Esq., United States Attorney, New Orl ans, La. Mr. Hunton to Secretary of State. [Telegraphic despatch.] NEW ORLEANS, August 3, 1849. SIR: Don Carlos de Espana, the Spanish consul, has been arrested under the charge of being guilty of assault and battery and false imprisonment of Juan Garcia, or Juan Francisco Rey. The examination is now pending before M. M. Cohen, esq., a commissioner of the United States; the examination has continued five days; the testimony is unsatisfactory and conflicting. It is rendered probable that Garcia voluntarily returneid to Havana under the promise of full pardon. He was a turnkey of the prison at Havana, and permitted two persons under his charge to escape. He left here in the schooner Mary Ellen, an American vessel, and was transferred at Havana to the brig Andrew Ring, of New York. Passengers from New Orleans were detained by quarantine at Havana. I will write fully by to-morrow's mail; will report to you the result of the examination when it is closed. Very respectfully, &c., LOGAN HUNTON, United States District Attorney. Hon. JOHIN M. CLAYTON, Secretary of State. Mr. tlunton t the Secretary of State. NN E ORLEANS, August 3, 1849, SR:. 1I received to-day your telegraphic despatch of the 28th instant, a4nd immediately informed you by the same mode that Don Carlos de Espafiat e13] 4 the consul of Spain, had been arrested here ot the charge of assault and battery and false imprisonment of Juan Garcia, alias Juan Francisco Rey)7 and that an examination ia relation to that charge was now being held by M. M. Cohen, esq., a commissioner of the Unitced States, I now proceed to report more fully i in relation to the same matter. Don Carlos de Espana and four other persons were arrested by the State authorities and brought before a justice of the peace of the State of Louisiana, to answer to that charge. I received official notice that an elamir nation would be held before the State tribunal. I attended at the time appointed, not in the character of public prosecutor, but with the view of ascertaining if there was any truth in the rumors of the abduoction of a man who was under the protection of American law, and if the consul had any agency in that abduction. At the threshold of the examination in Ilemine letis, Don Carlos de Es, pana produced his exequatur as consul, and at length pleaded to the jurisdiction of the State tribunal. I then appeared, and suggested that a commissioner of the United States should examine anad inquire into the truth of the accusation against the said consul, believing, as I did, that in cases affecting consuls, the federal courts and tribemals had exclusive jurisdiction. It was accordingly proposed that as to the consul, the examination should be held by the commissioner of the United: States at the same time and place of the examination of the charge preferred against the other persons, who were acknowe7dged 0^ be amenable to the State authorities, inasmuch as they -ere all implicated in the same3 offence, and as the same witnesses (and they were n-merouts) waould be called in each case. To this I assented, and a commissioner of the United States appeared and took his seat, to hear the proof as to the Spanish consul, Being thus united with the State authorities in the examination, I ha-re been unable to control the inquiry, and to excitade the,ast ma-s of irrelevant testimony, and the idle and unprofitable dec:amation of gentlemen engaged on the part of the State, which has tended to protract the inquiry, I enclose you herewith reports' of the proceedings and testimony5 which, though not entirely accurate, will enable you to judge of the case, From themn you will perceive that the main facts against the consul are these: First. He applied to the Miexicani consul herme some time since to give him information if Garcia or Fernandez applied for a passport, Second. It appears that Garcia was formerly a taurnkey in the rison of Havana, and permitted two prisoners to escape, and himself fled tihe islandd Tlhird. The consul sent for Trescasez, formerly a police- oficer, and proposed to him to arrest:arcia without a pass, Fourth. It appears that Rogers' a witness, was employed by one ofthe defendants, a creature of the con sa.l, to assist putting Garcia on board of the schooner Mary Ellen, whereof -McCononell iwas masters on the niglht of the 5th of July. Fifth. The testims ony orRoes s conired by h thestimony of O:lon: (see proceedings of thid day.) Sixth. The MaR:y Ellen cleared for I avana on the 3d day of Ju.iy. she *Newspapers containing report, of Ihe proceedings, & e., for six, days eon!y Tke newspape account of the whole trial l appeitde. to tnis report 5 t [13] was detained till the 5th. No satisfactory reason is given for this detention. The master of the Mary Ellen is arrested with the others. In relation to the above facts, I will only remark that the character of Rogers, the most important witness, is not very good. On the part of the defence, it is proven that Garcia, before his departure, visited the consul at his office; that he there made a full confession, and obtaine a promise of pardon. It is proven, by all the crew of the Mary Ellen, that Garcia was perfectly contented, free and unrestrained, from the time of her departure from New Orleans until he left her. That he remained on the Mary Ellen at Havana, in quarantine, six days; was then transferred to the American brig Andrew Ring, of New York, and the Mary Ellen immediately returned to New Orleans, &c., &c. The examination will be continued to-morrow. It is said, to-day, that Colonel Campbell, our consul at Havana, on hearing of Garcia's reported abduction, went on board the Andrew Ring and offered him his protection, which he declined, saying he was there by his own free will. I an inclined to doubt the truth of this statement. It is said, by the friends of the consul, that Garcia went to Havana voluntarily, under a promise of pardon, but was unwilling that his friends here and the friends of Fernandez should know that he consented to return. I have thus given you a hurried analysis of the facts developed by the testimony in the examination, and will advise you of the result when it is closed. The excitement is greatly abated. Thle case is not free from difficulty, even if the consul be guilty. Consuls are amenaCble to- the laws of the country in which they reside. See I Kent, 44. The federal courts have exclusive jurisdiction in cases affecting consuls: 3 Story's Corn., 543, Co.mmonwealth vs. Kersloff; 5th Leary & Rawle, 545; Which was a case against the Russian consul for rape. The court declined jurisdiction. But can the federal courts punish a consul for a violation of a State law? May I ask advice on the subject? I have the honor to be, very respectfully, yours, &c., LOGAN HUNTON, United States Attorney, Hon. JOHN AM. CLAYTON, Secretary of State, Washizngton. Secretary of State to lir. Hltnton. )DEPARTMENT OF STATE, Washington, August 8, 1849. Your telegraphic despatch of the 3d of August was received here on the 6th. Accept my thanks for your prompt attention. [13] 6 It will be gratifying to' learn that the Spanish consul was not guilty of the abduction of Rey, alias Garcia. I am, with great respect, &c., &c., JOHN M. CLAYTON. LOGAN HUNTON, Esq., U. S. Attorney for Eastern District Louisiana, New Orleans. NOTE. SO much of the above letter as is omitted relates to another subject. The extract is given in reply to Mr. Hunton's telegraphic letter of the 3d August, stating that it was rendered probable, by the testimony then produced, " that Garcia voluntarily returned to Havana, under the promise of full pardon." Mr.. Hunton to the Secretary of State. [By telegraph.] NEW ORLEANS, August 14, 1849. SIR: The examination in the case of Don Carlos de Espana, consul of Spain, closed this day. He was required by the United States commissioner to give bail, with securities, in the sum of five thousand dollars, for his appearance at term of the circuit court of the United States. The other defendants were held to bail by the State officers. I wrote by mail. Respectfully, LOGAN HUNTON. Hon. JOEN M. CLAYTON, Secretary of State. MAr. Hunton to the Secretary of State. NEW ORLEANS, August 15, 1849. SIR: I announced to you yesterday, by telegraph, that the examination in the matter of Don Carlos de Espaina, charged with the abduction of Juan Francisco Rey, was closed, and that the commissioner of the United States had required him to give bail for his appearance at the next term of the circuit court of the United States for this district, which commences the 3d Monday in December. From the report of the testimony you will perceive the case is not free from difficulty, both as to the fact and the law; yet, under all the circumstances, I deemed it my duty to advise the commissioner to require the appearance of the consul before the circuit court. I will venture to add, that in my judgment the facts proven afford good and sufficient reasons for withdrawing his exequatur, which to me would be much the most agreeable mode of getting clear of him. 7 [13 ] I send you reports of the testimony, and a.very imperfect sketch of my mrmarks in concluding the case, from which may be gathered my views <.f. the affair. I have the honor to be, &c., LOGAN HUNTON, United States Attorney. HOn. JOHN M. CLAYTON, {Secretary of State, Washiington. cSecretary of State to /Mr. Huntoz. [Sent by telegraph.] IConfidential.] DEPARTMENT OF STATE, Washington, August 20, 1849. SRe: Send to Rob-ert B. Campbell, esq., American consul at Havana, -a full statemnent of the evidence tate- in the recent investigation in the,case of the.Spanish consul for the abduction of Garcia. Send another as was offreed to be proved by the records of the board of health. I then sought information elsewhere> and heard a report that the schooner had touched at Mariel, (a port forty-live mies distant ) and had lasnded as passenger. TUpo sending to that port) the reortrt was found to be without fotundation, 0n ihe twenty-seventh, it was reported to me that a passenger hn.d been taken from the Mary Ellen) and placed on board. the American brig. Andrew -ing also in quaratine. After informinm the captain of the port of my intention) I obtained a boat) and passed into quarantine;with t.wo witnesses, and held in their presence and that of the captain of the norti Wrho followed nme in a ifferent boat) (which I could not prevent) as no person is allowed, to communicate with a vessel in quarantine, except in the presence of some official or employe6 of the mariane)) a conversation wSith the passenger, wtho stated in reply to my various questions that his name was Juan Garciae he had been the second alcayde of the public jail of this city; he came to this port in the schooner Mary Ellen of his own accord) and by his free will and consent) and that he was not willing to return to the United States on board the Andrew Ring; all which is stated in the certificate of Doctor Gage and _Mr, Savage) enclosed herewith) and marked:No, I On the the 3th instant a letter dated 27th July) 1.849 vas handed me by a soldier, who alleged that it was sen,,t by thie Captain Generat. On opening and reading the letter) it appeared by the signaa ture to be from Ju.an Garcia) who therein states that he Was forced by the Spanish consul on board the American schooner, calls for the protection of the American fiag, and begs to be sent back to the'Uniteld States, otherwise they would shoot him) and that he had. not spoken friankly to n-e on account of the Captain of the port being present. A copy of the letter is herewith enclosed, and numbered 2. 1 immediately called upon the political secretary, and inquired. whether the letter had been sent to ne 17 [ 13] by the Captain General; he (the secretary) answered that the captain of the port had sent the letter to him, and that he carried it to the Captain General, who ordered it to be delivered to me. Uporr my return to my office, I i'eceived, from an unknown person, a second letter from Juan Garcia, dated the 28th July, 1849, giving a more detailed account of his abduction, and again invoking the protection of the American flag, requesting my interposition in his behalf, &c. A copy of this second letter is also enclosed herewith, and numbered 3. After reading the letters from Garcia, I addressed an official communication to the Captain General, (a copy of which is enclosed, numbered 4,) requesting, for the purpose therein named, an order permitting me to see Juan Garcia in the presence of two witnesses of my own selection, and under such circumstances as I thought calculated to insure the freedom of his answers. To this communication I have received no answer. Garcia's verbal and written statements being contradictory, and having no positive evidence of his forcible abduction, I have been temperate and cautious in the discharge of what I believed my duty. Had the facts been established that the laws and sovereignty of the United States had been defied and violated in the manner described in the New Orleans journals, I should have felt it a dlty to have been more peremptory in my application to the Captain General, as there is no doubt upon my mind that every individual upon our soil is entitled to the protection of the laws and the government; and if, from causes beyond the control of the government, there has been, temporarily, afailure to extend that protection, the government is bound to follow the individual wherever he may have been forcibly carried, and to cast its protecting shield over and around him at all and every hazard; and that it is incumbent upon me, as one of its officers, to spare no exertion to obtain all the evidence that is to be had in Havana. With great respect and esteem, I have the honor to be, &c., ROBERT B. CAMPBELL, Hon. JoHN M. CLAYTON, Secretary of State, Washington city. No. 1. We, Franklin Gage and Thomas Savage, of Havana, do hereby certify that at the request of Robert B. Campbell, esq., consul of the United States of America for the city of Havana, we accompanied the said consul on yesterday, the twenty-seventh day of July, 1849, at about 5 o'clock p. m., to the place in this harbor where vessels are kept in quarantine, and alongside of the American brig Andrew Ring, on board of which vessel it was understood that a man reported to have been abducted from the city of New Orleans, under the name of Juan Garcia Rey, and brought to this port by the American schooner Mary Ellen, McConnell master, was placed. In our presence the said consul first inquired of the master of said brig whether he had a passenger on board; whether he (the passenger) was a Spaniard or foreigner; and if he had brought the passenger from Boston, or whether he had taken him from any other vessel in this port. The master answered that there was a passenger on board who was a Spaniard,who had been brought from a schooner and put on board 2 [13] 18 to ride out quarantine. The consul then asked the master whether the schooner was the Mary Ellen, to which he answered yes. Then the consul requested the master to call the pnssenger forward, which was done, and the man cauae. The consul asked him, through the said Thomas Savage, who acted as interpreter, what was his name? The answer was, Juan Garcia only. Then he was asked in what vessel he came to this port? He answered, in the schooner Mary Ellen. He was asked whether he had been the second alcayde of the public jail of this city? He answered yes. He was then asked if he had come to this port of his own accord, and by his free will and consent? To this question the captain of the port, who had come in his falua from the guard ship, objected, and observed, "Senor Consul, there are some questions which you cannot ask." The consul replied that he was not doing anything in secret; that he would not permit anyone to dictate his questions, and that he would put any questions he pleased. The captain of the port then changed the position of his falua, but remained in hearing of the questions and answers. Upon the question being repeated, the passenger answered distinctly, yes. Then the consul asked him, through the same interpreter, whether he (Juan Garcia) would be willing to go back to the United States in the brig Andrew Ring, if he (the consul) could succeed in having her cleared, and to sail direct from the quarantine out of the port without his coming ashore. The man'answered no. After the above had taken place, we came off. Done in duplicate.-Havana, July 28, 1849. FRANKLIN GAGE, THOMAS SAVAGE. No. 2. Senor Consul de los Estados Unidos, yo me llamo Juan Garcia Rey; bine ala fuerza por el consul espanol de Nueva Orleans y me acojo al pavelion Americano quiero Marcharm otra vez para los Estados Unidos. Abordo del Terrible, Julio 27, 1849. JUAN GARCIA. P. D. E benido ala fuerza abiendome preso el consul espanol con una orden falsa del Recorde de la 2~ Municipalidad y embarcado Ala fuerza a los nuebe de la noche que me sacaron de casa de D. Jose Morante, Con que quiero que V. Sea mi padrino que me buelva a mandar otra vez para los Estados Unidos por que sino me afosielan no le able francamente por que estaba presente el capitan de puerto. Abordo del Terrible. JUAN GARCIA y REY. [Translation.] Mr. Consul of the United States, I am named Juan Garcia Rey. I came by force from the Spanish consul at New Orleans, and I have recourse to the American flag. I wish to go back to the United States. On board of the Terrible, July 27, 1849. JUAN GARCIA. 19 13 ] P. S. Having come by force, the Spanish consul having taken me prisoner by a false order from the recorder of the Second Municipality, and embarked by force at nine at night. They took me from the house of Don Jose Morante; I therefore wish you to be my good friend, and come to send me back to the United States, because I did not speak frankly to you, as the captain of the port was present. On board of the Terrible. JUAN GARCIA REY. No. 3. Sor Consul Americano: M. SR. Mio. tenga la bondad salvar un ciudadano Americano que fue atropellado, en Nueva Orleans por el consul Espanol Don Carlos de Espaia y quiero acojerme a la bandera Americana para que V. tenga la bondad de mandarme otra vez a los Estados Unidos fui sacado de casa de Don Jos6 Morante con una orden falsa del recorde de la 2~ Municipalidad, que me llamo Don Fulgencio Llorente agente privado del consul Espanol el cual me llevo asta donde se allanan sies hombres los mismos que me llevaron a bordo de la mariana, y era la tripolacion de la misma goleta con el capitan fue el primero que me echo mano y luego el mismo consul Espanol. Biendo que yo me resistia y que ac6a fuerza para marcharme me pego una patada que me dejo sin sentido fue cuando me llevaron abordo y enbocando la nacion Americana de que se cagava en sus banderas y en sus leyes que nada le suponian a el ni tanpoco al gobierno Espalfol. Pues si V. quier salvar un reo que se hallaba bajo la proteccion de la bandera de aguila y estrellas. Su sudito y ciudadano Americano. JUAN GARCIA REY, JULIO 28, 1849, Abordo del bergantin Andrew. P. D. Pues siendo un pais y allando me y abajo st proteccion la nacion Americana deve hacer pot mi no mirando que soy Espanol sino que soy -un ciudadano de la nacion pr. que para que me protegiera para eso me acoji a sus banderas parL que me defendiese en cual quiera apuiro o transe en que hoy me beyo y hasi quiero que el Setror Consul aga por mi cuanto pueda que yo soy. GARGIA REY. [Translation;] Mr. American Consul: MY DEAR SIR: Have the kindness to serve an American citizen, who was seized at New Orleans by the Spanish consul, Don Carlos de Espafna; and I wish to attach myself to the American flag, in order that you may have the kindness to send me back to the United States. I was taken from the house of Don Jose Morante, by a false order from the recorder of the Second Municipality, brought to me by Don Fulgencio Llorente, a private agent of the Spanish consul, who carried me where there [13 20 were six men, the same who carried me on board in the morning; and they were the crew of the same schooner, with the captain. He was the first who laid hands on me, and then the Spanish consul; seeing that I resisted and endeavored to walk away, he struck me a blow, which left me senseless. This was when they carried me on board; and invoking the American nation, which has been attacked in its flags and in its laws, which no one could have suspected of it, nor of the Spanish nation. You may, if you please, save an accused man, who is under the protection of the flag of the stars. Your subject and American citizens JUAN GARCIA REY. JuLY 28, 1849, On board of the brig Andrew. As it is a country, and I am already under its protection, the American nation should act for me, not regarding me as a Spaniard, but as a citizen of the nation, and in order that it may protect me, I have recourse to your flag, that you may defend me in any difficulty or strait, in which I now find myself, and I thus pray that the consul will do for me all that he can. I am, GARCIA REY. No. 4. CONSULATE OF THE UNITED STATES, Havana, July 30, 1849. SIR: I received on Thursday, by the British steamer, certain infliential papers of New Orleans, a few slips of which I take the liberty of en. closing to your Excellency, that you may be the better enabled to understand the motive of my past acts which I am about to relate, and of the request wvhich accompanies the relation. Having understood, on Friday last, that Juan Garcia, the person alluded to in the New Orleans papers, was on board the American brig Andrew Ring, then in quarantine, I called upon the captain of the port, and informed him of my wish and intention to go to the quarantine and propound some questions to the passenger on board of the Andrew Ring; to which he politely assented, and showed me the locality of the brig. My object was to establish the identity of Juan Garcia, to ascertain whether he came passenger on board of the schooner Mary'Eilen from New Orleans; and, if so, whether his coming was voluntary, or whether, as the newspapers stated, lie had been abducted from New Orleans, in disregard of the laws of Louisiana, and in violation and contempt of the sovereignty of the United States. In answer to my different questions, the passenger stated that he was Juan Garcia; that he had been second alcayde of the prison; that he came here in the schooner Mary Ellen, of his own free will; and that he was not willing to return to the United States. Believing that the man spoke the truth, I imagined further action or intervention unnecessary. This morning, however, to my great astonishment, I received) by the hands of a soldier from the office of the political secretary, a letter, the copy of which. have the honor to enclose. The letter being contradictory of the previous statements made to me by Juan Garcia, I am at a loss to know whether it is genuine or a forger —the presence of the captain of the port, as alleged in the letter, being, in my opinion, a very insufficient excuse for the utterance of falsehoods. This affair, if the letter should prove genuine, and the statements made therein true, being exciting and grave, and demanding of the government of the United States prompt and energetic action, your Excellency will doubtless furnish m-e with an order permitting me to see and converse with Juan Garcia, so far as to obtain a ratification or denial of his signature. From the apparent timidity of Juan Garcia, I request of your Excellency permission to see him in the presence of two witnesses that I may select, and under such circumstances as will insure the freedom of his answers. I have the honor to be, &c.7 -ROBERT B. CAMPBELL. His Excellency the COUNT OF ALCOY, Governor and Captain Genemral, e., -c., c. Air. Capbell to Secretary rf' Siate. CONSULATE OF THE UNITED STATES, Havana, August 2, 1849. S5R. I have this day received an answer of the Captain General to my communication of the 30th ultimo, a copy of which is herewith enclosed. From it you will be informed that I am not permitted to see Juan Garcia.'The Captain General having acknowledged that the letter I had wishedto authenticate had been sent by Juan Garcia establishes the fact that I desired to prove, and therefore renders further correspondence upon that subject unnecessary. That part of the Captain General's letter, of which the following is a translation, wherein he says, "that to claimn in such an affair, further explanation) and in the manner used by your Lordship, has a character of exigence which I cannot admit, it being offensive to good faith, to the decorum of her Majesty's officers, and to the honor of the flag," would seem, at the first blush, to require a rejoinder; but, viewing the expression as applicable to any further and future, and not to past interference, I have left it unnoticed. The manner alluded to by the Captain General can only be that of my seeing Juan Garcia in the presence of two witnesses chosen by myself, and under such circumstances as will insure the' freedom of his answers. This was required by me on account of the timidity of Juan garcia, who, by his own confession, (as contained in his letter of the 27th of July,) had been so overawed by the presence of the captain' of, the port that he had not spoken frankly to me, although he was on board of an American vessel. Enclosed herewith you will receive a copy of an attested letter, proving that Juan Garcia wrote the letter No. 2, which letter will prove that the Captain General was mistaken in supposing that third persons had induced him (Garcia) to write to me. As the Captain General, in his communication, appears to attach importance to the circumstance of Juan Garcia being permitted to remain on board an American vessel while in quaran tine, it may be well to observe that an armed vessel guards the quarvantine ground, and that it would be exceedingly difficult, if not impossible, for a person to escape from any vessel, foreign or Spanish, while in quarantine. I have the honor to be) &c., ROBERT B. CAMPBELL. Hon. JOHN M. CLAYTON, Secretary of State, Washington sityd [SEAL.] SECRETARIA POLITIcod Aunque tenia conocimiento de lo que en varios periodicos de Nueva Orleansj se habia insertado relativamente 6 la salida de aquella ciudad del individuo Juan Garcia, 2~ alcayde que fue de la real caircel de esta ciudad, ninguna atencion me era dable fijar en ellos, puesto que de la realidad del suceso tenia yo los partes oficiales del c6nsul de S. M., y ademas me habia dirijido una carta el mismo individuo desde el buque en que se hallaba de cuarentena ratificandose en todo lo que me constaba. Por esto es que me caus6 alguna sorpresa la cormmunicaion de V. S. fha de antes de ayer incluyendome copia de la que le habia escrito el citado individuo, y recibi6 por conducto de un ordenanza de Ia secretaria a quien en efecto se encargo la pusiera en sus manos, porque habiendola entregado para tal fin cerrada estando todavia a bordo de la cuarentena, pero procsimo a salir a tierra, no podia ofrecir inconveniente el que llegara a su destino, mayormente en virtud de esas mismas falsas especies esplotadas por los diarios de Nueva Orleans. La entrevista que T. S. tuvo con el individuo Juan Garcia, y la resuelta y franca declaracion que dio estando todavia a bordo del bergantin Americano Andrew Ring, juzgo que fue una prueba bastante concluyente pavenir en conocimiento del suceso y para haber apreciado despues en su justo valor la carta en que V. S. se fund.a para solicitar el acto testimonial y declaracion ante V. S. A su estremado celo por el servicio de su destino debo atribuir semejante, demanda, porque me persuado no se ocultara' a su bien tacto y al conocimiento de sus atribuciones que pretender en semejante particular mas esplicaciones y el pretenderlas como V. S. lo hace, tiene un caracter de ecsigencia que no puedo admitir, como ofensivo a la buena fe, al decoro de los empleados de S. M. y al honor del pabellon. Si a la visita inesperada de V. S.) nacieron en su animo temores que antes no de habian occurrido, y ellos le movieron a escribir 6 tal vez el influjo de terceras personas, su carta de 27, ni esta ni ninguna otra manifestacion en igual sentido que hiciera, podria desvirtuar el m'rito de si declaracion espontanea ante el consul de Nueva Orleans, ni sus cartas aqui recien Ilegado al puerto, ni lo que de palabra contest6 a V. S., ni su mas reciente ratificacion a mi presencia la de un alcalde mayor, y un escribano publico, en la cual repite que forzado por la miseria en que sus complices de fuga le dejaron se present6 ante el c6nsul Espafiol, y que se decidi6 a venir porque se le ofreci6 el indulto caso de que hiciera revelaciones y las verificara, sosteniendo emprendio su viage sin coercion de ningun genero. No merece en verdad este asunto, tanto como ya ileva 23 [ 193 ].escrito, pero no serh escusado reflecsione V. S. que ese individuo llego al puerto en el pailebot Mari Ellen el dia 17, en el cual permaneci6 en cuarentena hasta el 24, en que por la salida de dicho buque y faltandole aun varies dias para concluir la cuarentena, se trasbord6 al Andrew Ring, hasta que la termino en la manana del 30. Si la situacion del tal individuo y los poroenores de su viage hubiesen tenido otro character, e habria permanecido ni una hora en buques estrangeros cuando los habia nacionales y de guerra en que guardarlo? Concluyo pues con decir a V. S. que no hay terminos habiles para accedar a su peticion, y si no obstante lo que dejo espuesto cr6e deber insistir en sus gestiones, acuda para ello a su gobierno quien por los medios regulares sabia dar i la cuestion su verdadero giro. Dies guarde a V. S. muchos arios. Habana 2 de Agosto de 1849. EL CONDE ALCOY. Senior CONSUL DE LOS ESTAPOS UNIDOS, En esta plaza. [Translation sent by the consul.] [SEAL.] POLITICAL SECRETARY'S OFFICE. Although I had information of what had been inserted in several newspapers of New Orleans, relative to the departure from that city of the individual, Juan Garcia, who has been the second alcayde of the royal jail ofthis city, I could not pay any attention to them as touching the reality of the affair. I had the official communications of her Majesty's consul; and besides, the individual himself had addressed me a letter from the vessel, in which he was in quarantine, wherein he ratifies all that I already knew. It is on this account that 1 was somewhat surprised by your lordship's communication, under date of day before yesterday, enclosing to me a copy of that which the said individual had written to you, and which you received by the hands of an orderly from the office of the secretary, towhom it was really intrusted to place it in your hands; as, the same having been delivered sealed for that purpose when he was still on board at the quarantine, although about to come ashore, there could be no objection in its reaching its destination, more so on account of those same false reports made use of by the New Orleans papers. The interview which your lordship had with the individual Juan Garcia, and the resolute and frank declaration he gave when he was still on board of the American brig Andrew Ring, I judge was a sufficient conclusive proof to come to the knowledge of the affair, and to have appreciated afterwards in its just value the letter in which your lordship finds a foundation to solicit the testimonial act and declaration before your lordship. To your extreme zeal in the service of your office I must attribute such a demand, as I am persuaded that, from your good judgment and the knowledge of your attributes, cannot be concealed that to claim in such an affair further explanations, and to solicit them in the manner used by your lordship, has a character of exigence which I cannot admit, it being offensive to good faith, to the decorum of her Majesty's officers, and to the honor of the flag. [13 24 If, from your lordship's unexpected visit, any fears sprang up in his mind which had not occurred to him before, and these, or perhaps the influence of third persons, moved him to write his letter of the 27th, neither this, nor any other manifestation to the same effect he might make, could weaken the merits of his spontaneous declaration before the consul of New Orleans; nor his letters here written, recently arrived at this port, nor what he answered your lordship by word of mouth, nor his more recent ratification in my presence-that of an alcalde mayor, and of a notary public-in which hle repeats, that forced by the wretchedness in which his accomplices in the flight had left him, he presented himself before the Spanish consul, and that he determined to come because he was offered a pardon in case he should make communications, and should prove them, sustaining that he undertook the voyage without any compulsion whatever. This affair in truth does not deserve so much as has already been written; but it will not be superfluous for your lordship to reflect that that individual arrived at this port in the pilot boat M, Ellen, on the 17th, in which he remained in quarantine until the 24th, on which day, owing to the sailing of said vessel, and he wanting still several days to complete the quarantine, he was transferred to the Andrew Ring, until he completed it on the morning of the 30th ult. If the situation of the individual, and the particulars of his voyage, had had any other character, would he have remained even for an hour on foreign vessels, when there were national vessels and men of war in which to keep him? I conclude, therefore, saying to your lordship that there are no good reasons to accede to your petition; and that if, notwithstanding what I have already explained, you believe that you ought to insist in your exertions, you must apply for it to your government, which by the usual means will know how to give the right turn to the question. God preserve your lordship many years. Havana, August 2, 1849. THE COUNT OF ALCOY. To the CONSUL OF THE UNITED STATES', i this city. HAVANA, August 2, 1849. SIR: Considering that it may be important for you to know some particulars in relation to the Spanish passenger named Juan Garcia whom you came to see on Friday last to the quarantine, he being on board the brig Andrew Ring, under my command, I beg leave to say that the said man Juan Garcia was brought on board of my vessel from the schooner Mary Ellen, on or about the 23d ultimo. From the appearance of the man, and the circumstance of his having brought no clothes but such as he had on, I first thought that he was a young man of this country who had gone to the United States, there spent all his money, and had returned here penniless; but when you came alongside of my vessel, and put questions to him) I began to think that he might be a fugitive from justice in the United States. The man while you were questioning hirm appeared to be frightened, and trembled much. Immediately after you went off, he requested me, partly by signs and partly by words, to give him some paper, pen and ink, 2 5 [ 13]3 expressing that he wished to write to the consul. I gave him what he wanted, and he sat down to write a letter. He was still in great excitement; his excitement must have continued all that night, for I heard him may times in a disturbed state; I believe he did not sleep but very little, if at all, that night. The letter which you have shown me has all the appearance of being the same he wrote on that day, and the paper is the same as that I now have on board; to my knowledge t is the same sheet of paper which I supplied to the said Juan Garcia. The letter he handed into'one of the government boats, which I believe was that of the Board of Health of Havana, on the morning of Snnday. As I have said before, the man did not bring any clothes but what he had on; these were very dirty-they appeared to have been worn many days; the shirt was worn out and the pantaloons torn; the coat I believe was also torn, but I am not quite positive about it. As the man could not speak English, and I could speak no Spanish, I could not put any questions to him, or enter into conversation to learn anything about his: circumstances. In the morning of the 30th ultino, my vessel was relieved from quarantine; the man was taken from on board into one of the government boats, which I supposed to be the health office boat. I am, sir, respectfully, your most obedient servant WILLIAM FRANIKLIN. RO0BERT B. CAMPBELL, Esq., Coznsul of the United Sttes, zavana, CONSULATE OF TH:E UNITED STATES, -cavana, August 3, 1849. Before me, Robert B1 Campbell, consul of the United States of Anerica for the city of Havana, personally appeared William Franklin, master of the brig Andrew Ring, who being by me sworn, solemnly declared that the statements made in this and the preceding pages, over his signature, are correct and true. In testimony whereof, I have hereunto set rmy hand, and affixed the seal of my office, at Havana, on the day of the date above *L *. written, BROBERT B. CAMPBELL. WILLIAM FRANKLIN. [SEAL.l Mr. Campbell to the Secretary of State. CONSULATE OF THE, UNITED STATES' Havana, August 8, 1849. SIR: I have: the honor to enclose herewith a copy of a letter from the Captain General of the date of yesterday, in which he reiterates that he has not the power (no me eradable) of permitting me to see Juan Garcia. 2a [13 ] 26 Enclosed with that letter were two copies of his (Garcia's) deposition-the one to be authenticated and returned, the other placed at my disposition; copies of which, and my reply to the Captain General, accompany this communication. The certificate given by me does not apply to the deposition; it is confined to the authentication of the certificate of the Captain General and the notaries. The letter of the Captain General and the proceedings instituted before him, prove that Juan Garcia is a prisoner and incommunicated, and that whatever may have been the means by which his return to Havana was effected, there were other subjects than the bankrupcy or fraud of Fernandez to be investigated, and in which his testimony was required, otherwise the name of Civilo Villaverde would not have appeared. They also authenticate letter No. 3. You will see it stated in the Captain General'sletter of the 2d, that Juan Garcia had declared, while the attested document represents that the de. claration had been made on the sixth instant. With great respect and esteem, I have the honor to be, &c. ROBERT B. CAMPBELL. Hon. JOHN M. CLAYTON, Secretary of State, Washington city. [SEAL.] SECRETARIA POLITICO. Aunque en mi comunicacion del dia 2, manifeste a V. S. no me era dable acceder a su peticion respecto h la declaracion del individuo Juan Garcia, me ha parecido no obstante conveniente remitir a V. S. la adjunta copia testimoniada No. I para los usos que puedan convenirle; esperando que el otro ejemplar No. 2 tambien adjunto, legalizado competentemente con la firma de V. S. a continuacion de la mia, se sirva devolvermele para enviarle al consul de S. M. en Nueva Orleans. Dios gue. a V. S. muchos arios. Habana, 7 de Agosto de 1849. EL CONDE DE ALCOY. Sor. CONSUL DE LOS ESTADOS UNIDOS. [Translation.] [SEAL.1 OFFICE OF THIE POLITICAL SECRETARY. Although, in my communication of the 2d, I stated to your lordship that it was not in my power to accede to your petition respecting the declaration of the individual Juan Garcia, I have, however, deemed it convenient to send your lordship the accompanying attested copy (No. 1.) for the uses that you may deem proper, expecting that you will be pleased to return to me the other copy, (No. 2,) also accompanied, properly authen 27 [13] ticated with your lordship's signature in continuation to mine, to be sent to her Majesty's consul at New Orleans. God preserve your lordship many years. Havana, August 7, 1849. THE COUNT OF ALCOY. To the CONSUL OF THE UNITED STATES. No. 1. [SEAL.] En la siempre fidelisima ciudad de la Habana, en sies de Agosto de mil ochocientos cuaranta y nueve, en la quinta de los Molinos, comparecio ante S. E. y presente Escribano, Don Juan Garcia) natural de Galicia, ex-alcayde de la Real Carcel de esta Ciudad, soltero, de veinte y cuatro anos de edad, hoy dia sin vecindario, y preso A consecuencia de la causa de fuga que se instruye por la que efectuaron de a Real Ctrcel Don Vicente Fernandez y Don Civilo Villaverde; y previa obligacion que presto de decir verdad en cuanto supiere, y fuere interrogado, se le examin6 de la manera sigte. Preguntado si a fines del mes fultimo estando de cuarentena se le presento el Sor. Consul Americano a ofrecerle su proteccion, y que lo contesto, dijo: Que en efecto se le present6 el Sor. Campbell quien le pregunt6 si habia venido voluntaria o forzadamente, y si queria volver en el mismo buque a los Estados Unidos, a lo cual le contesto que habia venido de su espontanea voluntad, y que no queria regresar..Preguntado si en esta manifestacion obr6 con franqueza 6 si se vi6 precisado a disimular sus verdaderos sentimientos por alguna causa, dijo: Que obr6 francamente. Preguntado si el mismo dia escrivio una carta al Sor. Consul Americano, reclamando su intervencion para que lo trasladase a los Estados Unidos, dijo: Que si, y que lo que le movio a ello fue el haberle dicho un individuo a quien no conoce que pas6 con un guadaio por el costado del buque de la cuarantena, que habia hecho muy mal en no aprovechar del ofrecirmiento del Sor. Campbell, porque lo iba a pasar mal: que al pronto no le hizo impresion esto, pero luego empez6 a cabilar, y en un momento de terror escribi6 Ia carta a que se contrae la pregunta. Preguntado si dicha carta la escribio a bordo de un buque Americano, dijo: Que si, que se llama el Andrew Ring, y que afn cuando 6e firm6 a bordo del" Terrible" esto fue una equivocacion borque no hay tal buque Terrible, ni ha estado durante la cuarentena nas que en aquel, yen el Mari Ellen. Preguntado que le movi6 a decidirse a venir, y como tuvo lugar su salida de New Orleans, dijo: Qie 6 poco de verse en aquella ciudad~ lo abandon6 Don Vicente Fernandez, y nas completamente despues cuandose marcho6 sin despedirse y sin saber el declarante para que punto: que esto lo tenia en la mayor miseria y obligado por ella y por los temores que concibi6 de que el propia Fernandez habia puesto en juego sus malas artes para quitarlo de en rnedio., esto es, para asesinarlo, con el fin de que no revelara algunos a suntos intersantes a6 la causa de quiebra que [ 13 ] 28 le fueron revelados por el mismo en sls dias de confianza, se presen6 al Sor. C6nsul Espaniol, quien le recibi6 benignamente, quoe 8u Sria. le dijo, que escribiria ia Habana a ver si podia conseguir el indulto, y que transcurrido algun tiembo le manifest6 dos cartas del Sor. Secretario Politico en las cuales se le ofrecia el perdon si hacia revelaciones justificables, y que nada tendria que temer, que esto y las instancias del Sor. Consul le decidieron a venir, y estando una noche en casa de Don Jose Morante donde vivia, llego a cosa de las ocho Don F'tlgencio,lorente, Con el cual se dirigiB hacial muelle, sih ir acompanado de ninguna otra persona, y alli se embarco en el Mari Ellen, despues de decirle Llorentt que el pasage ya estaba pagado. Preguntado, si no ejerci6 con el alguna violencia para embarcarlo, dijo: Que no, y que tal no podia ser asi cuanto que segun ha referido fu solo con Llorente, y a una hora en que las calles estaban lienas de gente. Preguntado si fi6 en coche 6 a pi6, dijo: Qu-e a pi6. Preguntado si trat6 de ocultar en New Orleans que tenia pensado en venir la a Habana, dijo: Que el Sor. Consul le encarg6 no dijera a nada, temiendo sin duda que los partidarios de Fernandez atontaran contra el si no podian reducirlo a que desistiera. Preguntado, si recuerda haber revelado 6 Don Jose Morante los temores de que se le asesinara, dijo: Qiue si y que Morante le dii una pistola la cual quedo en la casa cuando se vino. Preguntado si recien llegado a esta ciuded escribio al Exmo. Sor. Capitan General la carta que se le pone de manifiesto y es la que ocupa el folio doce de estas diligencias, y empieza asi. Al Exmo. Sor Capitan General, mirando que me hallo sin ninguna ropa, y concluye, a bordo del pirule, "Julio veinte y tres de mil ocho cientos cuarenta y nueva,' dijo: Que e-efetcto la escribio. Preguntado en que buque escribio dicha carta, dijo: Que: aunque firmo a bordo del pirule estaba en el Andrew Ring al cual acababade: passar aquel dia desde la Mari Ellen, pero como la tripulacion no hablaba el espanol ni'1 el Ingles, no los entehdia ni pudo. comprender el nombre del buque. Preguntado si dos 6 tres dias despues escrivi6 al Sor. Secretario Politico la otra carta de fojas catorce que igualmente se le pone de manifiesto y empieza asi, " Sor Don Crispin Jimenes de Sandoval: Muy Sor. mio, he recibido la que V. me dirige," &c., y concluye, "No ofreciendome otra cosa; a bordo del Terrible, Julio, veinte y seis de mil ocho cientos cuarenta y nueva; su afectisimo, Juan Garcia," dijo: Que en efecto la escrivio 1e y que aun cuando dice d bordo del Terrible estaba en aquellos momentos en el Andrew Ring. Preguntado si fue forzado 6 inducido de algun modo violento a escribir dichas cartas, dijo: Que la primera nadie supo que 1e la escrivio, y que la segunda fie contestacion a la que con fecha del mismo veinte y seis recibio del Sor. Secretario Politico en la cual le decia que era preciso escribiese al Sor. Consul Don Carlos Espaia ratificandole que su venida habia sido voluntaria, y que como esto era la realidad no tuvo inconveniente de hacerlo. Preguntado de donde le ocurrio en la otra carta que dirigio al Sor. Campbell reclamnando su proteccion, que de New Orleans se le sac6 con orden falsa del recorde de la segunda municipalidad, dijo: Que dominado 29 1:3 ] de'los teinores de que estaba poseido en los momentos de escribir dicha carta puso en ella lo primero que le ocurrio. Preguntado si a bordo del Mari Ellen le manifest al capitan que motiv'o le traia a la Habana, dijo: Que este oficial era con el mayordomio el unico que hablaba el espafol de toda la tripulacion, y que le dijo que su venida tenia por objeto cobrar un dinero, hecho lo cual regresaria, y re sponde qe lo declarado es la verdad. En este estado dispuso S. E. que el compareciente prestaso juramento en debida forma, y habiendolo asi hecho se le leyo el anterior acto, y dijo: Que lo ratificaba en todas sus partes por estar a arreglado a la verdad y firmno haciendolo S. E. y el Soro Asesor, de que doy fe. JUAN GARCIA. ALCOY.:GALIANO. Ante rmi: JOAQUIN TRUJILLO. is' coniormne a su original que quedat en el espediente gubernativo formado para averiguar el modo y formlaen cqu t;ivo la salida de New Orleans del profugo Don Juan Garcia cuyo espediente devolvi a la Secretaria de este Superior Gobierno Politico, a que re remito, y en cumpimiento de lo mandado hice sacar el presente. Habana, y Agosto seis, de mil echo'ientos cuarenta y -nueve. JOAQUIN TRUJILLO. NOTE.-The copy returned to the Captain General had the following certificates: Los escribanos de -S. M. la Reyna Nuestra Seiora (Q,. D. G.) que sigam os y firmamos) certificamos y damos fi que Don Joaquin Trujillo por quien aparece autorizado el testimonio que antecede es escribano publico y de los del nuimero de esta ciudad, fiel, le, al y de confianza y a sus semejantes siempre se les ha dado y da: entera fi y credito en ambos juicios y para que asi conste donde convenga libramos la presente sellado con el del nuestro Real Colegio, en la siempre fidelisima cludad de la Habana, en seis de Agosto de mil ocho cientos cuarenta y nueve anos. (Rubric.) FRANCO. PIMENTEL. (Rubric.) CARLOS COLON. ~(Rubric.) VICTE. RODRIGUEZ PEREZ. Vo. Bo.: EL CONDE DE ALCOY. ( Seal of the Royal College) of Notaries Public of> the city of Havana. 5 GCONSULATE OF THE UNITED STATES, Havana, August 8, 1849. I Robert B. Campbell, consul of the United States of America for the city of Havana, do hereby certify that El Conde de Alcoy is the governor and Captain General of the island of Cuba; that Franco. Pimentel, Victe. Rodriguez Perez, and Carlos Colon, whose signatures and rubrics also appear t the aforesaid certificate, are notaries public of the Royal [138] 30 College of Notaries Public of the city of Havana; and that the official acts of the parties to the said certificate are entitled to full faith and credence. In testimony whereof I have hereunto set my hand and affixed, the ] seal of my office at Havana on the day of the date above writ[SEAL.] ten. ROBERT B. CAMPBELL. [Translation, In the ever faithful city of Havana, on the 6th of August, 1849, at the Quinta de Molinos, appeared before his Excellency and the present notary Don Juan Garcia, a native of Gallicia, late keeper of the royal prison of this city, a bachelor, aged twenty-four years, at present without any fixed place of residence, and a prisoner in consequence of the prosecution for the escape of Vicente Fernandez and Civilo Villaverde from the royal prison; and having taken the obligation to speak the truth, so far as he might know, and should be asked, he was interrogated in the following manner: Being asked whether, about the end of the last month, while he was in quarantine, the American consul presented himself to him to ofer him his protection, he answered, that in fact Mr. Campbell did present himself to him: and asked him whether he had come voluntarily or by force, and whether he desired to return in the same vessel to the United States; to which he answered, that he had come of his own spontaneous will, and that he did not desire to return.. Being asked whether in this statement he had acted with freedom, or had found himself compelled to dissemble his true sentiments from any cause, He answered, that he had acted with freedom. Being asked whether he had, on the same day, written a letter to the American consul, claiming his intervention to have him carried to the United States, He answered) that he had, and that he had been induced to do so in consequence of his having been told, by a person passing alongside of the vessel in a boat at the quarantine ground, that he had acted very badly in not availing himself of the consul's offer, as he was about to be placed in a bad position; that he had at first paid no attention to this, but after thinking on it it affected him, and in a moment of terror he had written the letter mentioned in the question. Being asked whether he wrote that letter on board of an American vessel, He answered, yes; that the vessel was called the Andrew Ring; and that though he signed it as on board of the Terrible, that was a mistake, because there is no such vessel as the Terrible, and he has never been on board of any other vessel in quarantine than the Andrew Ring and the Mary Ellen. Being asked what induced him to resolve to come here, and what were the circumstances of his departure from New Orleans, He answered, that soon after reaching that city; Don Vicente Fernan 81 [ 13 dez abandoned him, and more completely afterwards, when that person went away without taking leave of him or letting him know where he was going; that he was thus kept in the greatest misery; and under the effect of it, and of the fears which he conceived that Fernandez himself was putting wicked artifices in play to get rid of him-that is, to -assassinate him-in order to prevent him from revealing certain circumstances connected with the bankruptcy which Fernandez had told him in moments of confidence, he had presented himself to the Spanish consul, who received; him kindly. That gentleman promised him to write to Havana and endeavor to procure his pardon; and, after some time, he showed him two letters from the Political Secretary, in which the pardon was offered to him, if he would make revelations which would be used in court, and that he had no cause to fear; that this and the assurance of the consul had determined him to come; and one evening when he was in the house of Don Jose Morante, where he resided, about eight o'clock, came Don Fulgencio Llorente, with whom he went to the levee without being accompanied by any other person, and there he embarked in the Mary Ellen, after Llorente had told him that his passage was paid. Being asked whether any violence was used towards him in order to put him on board of the vessel, He answered, that this could not have been; because, as he had already said, no one but Llorente was with him, and it was at a time when the streets were filled with people. Being asked whether he went on foot or in a carriage, He answered, on foot. Being asked whether he endeavored to conceal, at New Orleans, his intention to come to Havana, He answered, that the consul had charged him to tell it to no one, fearing, no doubt, that the partisans of Fernandez might make an attempt on his life, if they could not induce him to desist from it. Being asked whether he remembers having expressed to Don Jose Morante his fears of being assassinated, He answered that he had, and that Morante had given him a pistol, which he left in the house on his departure. Being asked whether, soon after arriving in this city, he had written a letter to his Excellency the Captain General, which was placed before him-the same letter which is on the twelfth sheet of this document, beginning thus: "To his Excellency the Captain General: Seeing that I am without any clothes," and ending thus:" On board of the pirule, July 23,1849," He answered, that he did write it. Being asked in what vessel he wrote this letter, He answered, that although he signed it as on board of the pirul6, he was on board of the Andrew Ring, to which he had been transferred on that day from the Mary Ellen; but as the crew did not speak Spanish and he spoke no English, he did not understand nor could he learn the name of the vessel. Being asked whether, two or three days afterwards, he wrote to the Political Secretary another letter, now placed on the fourteenth leaf of the present documents, which was also shown to him, and which begins, " To Don Crispin Jimenes de ~andoval: Sir, I have received the letter which [ 13 ] you have addressed to me," and ends, " have no moro to say. On board of the Terrible, July 26 1849. Yours, affectionately, Juan Garcia,' He answered that he did write that letter; and although he signed it as on board of the'errible, he was at that time in the Andrew Ring. Being asked whether he was forced or induced by any violent means to write the said letters, He answered, that as to the first, no one knew that he wrote it; and the second was in answer to one of the same date, the 26th, received by him from the Political Secretary, in which he was told that he must write to the consul, Don Carlos de Espaa, declaring to him that he had comne here voluntarily; and as this was the tr:th, he had no difficulty in doing so. Being asked for what reason he had declared, in his letter to Mr. Campbell, claiming the protection of that gentleman, that he had been taken away from New Orleans upon a false order from the recorder of the Second Municipality, He answered that, under the influence of the fears which possessed him at the moment of writing that letter, he had put in it the first things which came into his mind. Being asked whether, on board of the Mary Ellen, he had told the captain what motives induced him to go to Havana, He answered, that the captain and the steward were the only persons in the whole crew who spokle Spanish, andc that he had told them that the object of his coming was to recover a sum of money, after doing which he would return; and all this he declared to be trle. Whereupon, his Excellency ordered that the appearer should take oath in due form; and having done so, the preceding document was read over to hirm, and he declared that he confirmed and ratified it in al iit contents, as being entirely conformable with truth, and he signed it, as did also his Excellency and thp assessoQr. Of all which I hereby give faith. J UAN GARCIA. ALCOY. GALIANO. Before me: JOAQUIN TRUJILLO. The above is a true copy from the original, in the collection of docuilents (expediente) drawn up by order of the government, in order to ascertain the manner and form of the departure of the fugitive, Juan Garcia, from New Orleans; which documents I then returned to the secretary of this superior political government, to which I refer, after making the above copy from them, agreeably to orders. JOAQUIN TRUJILLO. HAVANA, AZtgust 6, 1849. We, the undersigned, notaries of her Majesty the Queen our ladywhom God preserve-sian, seal, certify, and ratify, that Don Joaquin Trujillo, by whom the aboye evidence appears as authenticated, is a notary public, one of those of this city, faithful, lawful, and worthy of confidence, and that entire faith and credit is given to such in both courts; in testimony whereof, in all places where it may be needed, we deliver the 33 [13] present -sealed with the seal of our Royal College, in the ever faithful city of Havana, on the sixth day of August, 1849. FRANCISCO PIMENTEL, CARLOS COLON, VICENTE RODRIGUEZ PEREZ. Approved: EL CONDE DE ALCOY. [SEAL.] CONSULATE OF THE UNITED STATES, Havana, August 8, 1849. I, Robert B. Campbell, consul of the United States of America for the'city of Havana, do hereby certify that El Conde de Alcoy is the Gov-,ernor and Captain General of the island of Cuba; that Francisco Pimentel, Vincente Rodriguez Perez, and Carlos Colon, whose signatures and rubrics also appear to the aforesaid certificate, are notaries public of the Royal College of Notaries Public of the city of Havana; and that the official acts of the parties to the said certificate are entitled to full faith and credence. In testimony whereof I have hereunto set my hand and affixed the L. s] seal of my ofice, at Havana, on the day of the date above written. ROBERT B. CAMPBELL. CONSULATE OF'THE UNITED STATES, Havana, August 8, 1849. SIR: I have the honor to enclose herewith the certified copy of the proceediings had in the case of Juan Garcia, with my official certificate, as requested by your Excellency in the communication of yesterday evening, and at the same time to return my thanks to your Excellency for the copy of said proceedings placed at my disposition. With considerations of great respect and esteem, &c., ROBERT B. CAMPBELL. His Excellency the COUNT OF ALCOY, Governor mnd Captarin General of the island of Cuba, fe.,'c. Secreltar of State to MIr. Canpbell DEPARTMENT OF STATE, Washington, August 20, 1849. Sin: Your despatches datea 31st July, 2d of August, and 8th of August, were received on the 18th instant. I yesterday received a telegraphic despatch from Logan iEunton, esq., United States district attorney at New Orleans, informing me that the United States commissioner and the judge, who had been for a long time engaged in the investigation of all the facts connected with the alleged abduction of Juan Garcia, alias Rey, had decided against the Spanish 3 r [13] 34 consul, on the evidence before thenm and compelled him to enter t in to recognizance, with good and sufficient sureties, to appear for trial before: the next circuit court of the United States. The evidence you have sent to this department strongly corroborates the opinion expressed by the tribunal which has just closed the examination of this exciting subject. The affidavit of William Franklin, captain of the American brig Andrew Ring, shows that Garcia made his verbal statement to you under the influence of terror, arising from the presence of the captain of the port, whose interference at the moment you put the question to Garcia, whether he left New Orleans voluntarily, was alone calculated to excite suspicion. Then the letters of darcia himself, dated the one July 27; 1849, "abordo del Terrible," the other on the following day,'abordlo del bergantin Andrew," accompanied by the fact that he left New Orleans without other clothing than that on his person, which was torn and dirty, and the refusal of the Count of Alcoy, the Governor and Captain General of Cuba, to accede to your just request to see Garcia, under circumstances which should free him from the isuspicion of duress, and the established fact that Garcia is both in prison and incommu.nicated, form, together, a chain of proof which, taken in connexion with the evidence on the trial at New Orleans, and the decision there, lead the mind strongly, if not irresistibly, to the conclusion that an outrage has been. perpetrated in the forcible or fraudulent abduction of a man who had sought and was entitled to the protection of the laws of this country. The Spanish consul at New Orleans, Senor Don Carlos de Espafia, is by the testimony the author of this outrage; and the Captain General of Cuba has.not conducted the correspondence with you on this deeply interesting subject in a manner at all calculated to repress a natural and painful suspicion. Although a duplicate of my instructions to you of the 2Sth of July last was promptly sent, I am not yet apprized by you of their receipt. To preyent the possibility of miscarriage, a triplicate of those instructions is herewith transmitted by the United States sloop of war Germantown. Those instructions indicate your whole duty in reference to this affair. You are on the spot, with the means of judging how far the rights and honor of your country have been violated, how far such violation is owing to the agency of the Spanish authorities, and how far any new light which shall have been shed upon this transaction by events and circumstances peculiarly within your knowledge, should influence the course of conduct you should now adopt. I need not repeat the injunction in my former note, to satisfy yourself fully of the guilt of the Spanish consul beyond all reasonable doubt before you proceed to make the demand upon the authorities of Cuba. The chief object to be attained by your interference at this tilme is to prevent the consequences fatal to the peace of the two countries; which must inevitably flow from any attempt to justify or to uphold the conduct of the Spanish consul, if he be really guilty. If a rational doubt rests upon your own mind on that subject, then by all means abstain from any action or demand which could be construed into a prejudication of the questionr before the legal ascertainment of hlis gilt; by a conviction on the approaching trial at New Orleans. Transmit, without delay, to Mr. Hunton; at New Orleans, all the evidence properly authenticated which you can procure to establish the truth on that trial. Mr. Hunton will be instructed 35 [13] to send yton ertified minutes of the evidence already laid before the tribunal at New Orleans. You will, 1 am sure, discharge your duty prudently, faithfully) and fearlessly, and in doing so you will be fully sustrained by the government of your country. We shall anxiously await tre account you will have to give of your proceedings. I amr sir, respectfully, &c., JOHN M. CLAYTON. R. B. CAMPeBELL, Esq.,,nided States Cos ul, Havanza. Mr. CUMn bell to Secretary of State CONSULATE OF THE UNITED STATES, Havaina August 13, 1849. Snm: I have the honor to enclose herewith copies of two letters to the district attorney of the United States at New Orleans. The Captain Geaeral having informed me of his intention to send the deposition of Juan Gacia to the Spanish consul, I have supposed that you might agree wi'th my opinion of the propriety of furnishing to the district attorney copies of the papers named in my letters Nos.' and 2 to said attorney. The whole subject, however, is left to your better judgment, as letter iTo. I and the copies of papers accompanying it are directed to the Hon..John Mi. Clayton, Secretary of State, or, the consent of the Hon. J. 3M. Clayton first obtained, to the district attorney of the United States, New Orleanas. Jruaa Garcia is believed to be still in prison. With great respect and esteem, I have the honer to be, sir, &c., ROBERT B, CAM1[PB3ELL. o.an. JOHN M. CLAYTON) Secretariy of State, Washington city,:No. t, CONSULATE OP THE UNITED STATES' Havanaz August 13, 1849. S:rn Having seen stated in the New Orleans papers that all proceedings na an important cause pending before Judge Bright, wherein Mr. Cohen has acted as commissioner, and yourself as attorney for the United States, had, upon a motion of the counsel for the defendants, been suspended tor ten days, to enable them to produce a certificate fiom this consulate, it is deemed by me to be juSt and officially proper to furnish you with the ollowing papers, for such use as the interest of the goverm nent may require: A stateme-nt of the conversation held by me, in the presence of two witnesses, with Juan Garcia) while on board the American brig Andrew Ring, in quarantine, marked No. 1. Certified copies of two letters from Juan Garcia to the American consul, dated the 27th and 28th of July, 1849, mlarked No, 2 and No. 3. [13] 36 The letters Nos. 2 and 3 came into my possession after Garcia had lei; quarantine, and could not be seen by me. Certified copy of a letter from W'illiamr Franklin, master of the American brig Andrew Ring, dated the 2d of August, marked No. 4. Copy of Juan Garcia's deposition, taken at the quinta de los Maolinos, (the summner residence of the Captain General) before his Exzcellency and the notary Joaquin Trujillo, marked No. 5. No. 5 authenticates Nos. 2 and 3 as the bonafide letters of Juan Garcia, and proves in what condition Garcia was at the time the deposition was taken. The original of No. 5 was furnished me by the Captain General] who sent me, at the same time, a second copy, certified by himself and three notaries, requesting my authentication, which was done. The consular certificate has no connexion with the deposition: it only applies to the certificate of the Captain General and notaries. I am fully aware the papers forwarded will not be received by the court as evidence: they can, at best, only be considered as circumstances. As such, however, they will show Garcia's present condition, and the amount of testimony collected by me. Should copies of my correspondence with the Captain General, and of my letters to the Secretary of State, be desired by you, they will be found in the State Department. I am, sir, &c., ROBERT B. CAMPBELL, L. HUNTON, Esq., United States District Attorney, New Orleains No. 2, CONSULATE 0F THE UNITED STATES, Havana, August 13, 1849. SmI: The accompanying package, addressed to the Hon. John IL, Clayton, Secretary of State, or, the consent of the Hon. J. M. Clayton first obtained, to the district attorney of the United States, New Orleans, contains a letter from me to your address, copies of verbal statements' and of two letters from Juan Garcia, of a letter from the captain of the Andrew Ring, and of Garcia's deposition while a prisoner, taken before the Captain General and others. Should you deem these papers important to the interest of the government, you will communicate by telegraph the contents of the foregoing note to the Secretary of State, and be governed by his instructions. I am, sir, &C., ROBERT B. CAMPBELL, L. HUNTON, Esq., United States District Attorney, New Orleans, 37 [13] Mr. Campbell to the Secretary of State. CONSULATE OF THE UNITED STATES, Havana, August 16, 1849. Sil: I have had the honor to receive, this day at 10 o'clock, your despatch dated 28th of July last. The mail by the schooner Merchant closing almost immediately, there is no time to reply at length. I feel deeply the responsibility imposed by your despatch. All the evidence I have been able to collect in relation to the abduction of Juan Garcia has already been forwarded to the Department of State, and you will see by my previous letters that no further testimony can be had here. I shall act in the matter upon the dictates of my best judgment, and immediately inform you of my action and the result. It is to be regretted that the intercourse with the States is at this juncture so uncertain and slow. I have the honor to be, &c., ROBERT B. CAMPBELL. Hon. JOHN M. CLAYTON, Secretary of State, Washington city. iMr. Campbell to the Secretary of State. CONSULATE OF THE UNITED STATES, H-avana, August 18, 1849. SIR: After receiving, on the 16th instant, your official communication of the 28th u.ltimo, containing contingent instructions, all my thoughts and time have been given to reflection upon, and investigation of, the circumstances connected with the departure of Juan Garcia from New Orleans, and have not been able to collect further testimony than has been already forwarded from this office to your department. By your instructions I am directed, if I find the statements to be true that the Spanish authorities, or their agents, have been concerned in any manner, &c., &c., &c., to demand of the Captain General, &c., &c. The word' find,' being of rather a technical character, has somewhat embarrassed me. Believing, myself, that Juan Garcia had, by force, been placed on board the schooner Mary Ellen, I deternined that no effort on my part, which might tend to effect his return to the United States, should be spared; but in full view of the magnitude of the instructions contingently given by you, and of the doubtful propriety of my making a demand for Garcia before the Spanish consul had (as far as I was informed) been sent to a criminal court, I deemed it most to the interest of my government, and of the parties implicated, that 1 should exert myself unofficially to have Juan Garcia returned to New Orleans, where his unbiassed testimony would be taken, and the President obtain fill, unequivocal, and satisfactory evidence of all the facts, and thereby be enabled to give me explicit instructions, or act in any other manner that his sound judgment and patriotism may direct. Had I not been able to effect unofficially Garcia's return to New Orleans, I should have felt it a duty, under my impressions of the case, to have demanded Garcia in the very words of [ 13] 38 your letter. Garcia, after being imprisoned and incommunicated until the afternoon of this dayy, has been pardoned by the Captain General, and furnished with a passport to sail in the brig Salvadora for New Orleans early to-morrow morning. From the great inportance of the safe arrival of Garcia,.,and the proper and laudable anxiety of the President and yourself, and every other lover of his country, to have a true understanding of this important case, I have deemed it advisable to place Garcia under such protection as will secure his life against the attempts of any person or persons who may be interested in his assassination, and have employed Dr. Franklin Gage, (an American,) a physician of skill, who superadds to his professional attainments the character of a gentleman, to accompany him to New Orleans and place him under the protection of the United States district attorney; -for which services I have paid Dr. Gage two hundred and six dollars, and think the State Department would do him no more, than justice by increasing the amount to five hundred dollars. Hoping that my whole action in this complicated and difficult affair may meet your approbation, I have the honor to be, &c., ROBERT B. CAMPBELLo Hon. JOHN M. CLAYTON, Secretary of State, Washington city. Ir. Camnpbell to the Secretary of State. CONSULATE OF THE UNITED STATES; Havana, August 20, 1849. SIR: After the sailing of Juan Garcia on the 19th instant, I received a communication from the Captain General, a copy of which is herewith enclosed. The liberation of Garcia was effected by me in the following manner:: After receiving your letter on the 16th instant, I called at 6 of the morning of the 17th on the Captain General; he was reported to be unwell; i did not permit my name to be sent in. A 9 a.m. I called upon the Political Secretary, and I p. m. was appointed for an interview with the Captain General; this interview lasted until near 3 p. m. To my urgent request that Garcia should be returned to New Orleans-the Captain General assuming that Garcia came of his own free will, was here under the protection of the laws and flag of Spain, and that he did not possess the power of depriving him (Garcia) of that protection, and sending him out of the country-he proposed, however, that I should write him a note upon the subject. This I declined, and stated my impressions that Garcia did not leave New Orleans voluntarily; and that if I did address his Excellency upon the subject, it would be upon the assumption that force had been used with Garcia, and my note wuould be a positive demand, couched in termns thhat would not be agreeable. After further conversation he proposed to send Garcia to the Spanish minister at Washington, where he would still be considered under Spanish protection, and he escape the charge of anl improper and arbitrary exercise of power. To this course 1 objected, for reasons with which I will not trouble you, and assured his excellency that nothing short of Garcia's being returned to New Orleans 39 [ 13] iwould restrain me from making a positive demand under instructions from my government. I was then requested to defer a positive an'swer until next day. At 6 a. m. of the 18th, I called upon the secretary and informed him that I would not assent to the proposition of the Captain General, or to any other which could be made that did not embrace the sending of Garcia to New Orleans by the brig Salvadora, to sail the next morning. At 9 the secretary addressed me a note requesting me to see the Captain General at his quinta at 1 p. m., to which I assented, and was punctual to the hour. The Captain General at that interview proposed the course which was finally adopted, to wit: That Garcia should address him a memorial asking for pardon and passpot for New Orleans by the Salvadora, which should be immediately granted, and Garcia placed on board the vessel. To this I assented. It is only justice to the Captain General to say that he manifested the most anxious desire to preserve the most fiiendly relations with the United States, and to do all and everything in his power to satisiy our government, and meet my wishes. I have the honor to be, &c., BOBERT B. CAMPBELL. Hon. JOHN M. CLAYTON, Secretary of State, Washington city. [SEAL.] SECRETARIA POLITICO. Habiendome solicitado pasar a Nueva Orleans despues de obtenido el indulto que le estaba ofrecido el individuo Juan Garcia, cuya salida de aquella ciudad ha dado origen a la acusacion promovida alli contra el Consul de Espafa, mostrandose deseoso de que su presencia pueda contribuir al esclarecimiento de la verdad de aguel suceso, no he dudado en facilitarle desde luego el correspondente pasaporte para que pueda efectuarlo a bordo del bergantin Salvadora, que se halla alistado para darse maiana a la vela; tanto porque estando ya indultado esta en el derecho de dirigirse adonde le parezea, cuanto por el mismo objeto que le mueve. Al comunicar esto a V. S. es con el fin de que pueda, si le parece, noticiar su viage a la autoridad local a quien corresponda, para la proteccion que su posicion particular pueda requerir, aparte de la que como s6bdito espaflol competa al consul de S. M.; aunque estoy bien persuadido que le seria siempre y en cualquier evento dispensado el amparo de las leyes sobre los enconos que pudiera temer, 6 las sugestiones privadas que intentasen influir en su animo. Dios gue. a V. S. ms. as. Habana, 18 de Agosto, 1849. EL CONDE DE ALCOY. Sr. CONSUL DE LOS ESTADOS UNIDOS. [Translation ] [SEAL.] OFFICE OF THE POLITICAL SECRETARY. Having been petitioned by the individual Juan Garcia, whose departure from the city of New Orleans has been the cause of the accusation there [13 ] 40 established against the consul of Spain, for permission to return to that city, after having obtained the pardon which had been offered to him, and he appearing desirous that his presence may contribute to the development of the truth of that event, I have not hesitated in granting him immediately the necessary passport, that he may effect it on board of the brig Salvadora, now ready to sail to-morrow morning; as much because he, being already pardoned, has a right to go where he may choose, as on account of the object which moves him. This is communicated to your lordship that you may, if you think it proper, inform the competent local authority of New Orleans of his voyage, for that protection which his peculiar position may require, apart from that which, as a Spanish subject, is incumbent upon her Majesly's. consul, although I am well persuaded that the protection of the laws will always and in any event [be] awarded to him, against any rancor he may be in fear of, or private suggestions which might attempt to influence his mind. God preserve your lordship many years. Havana, August 18, 1849. THE COUNT OF ALCOY. To the CONSUL OF THE UNITED STATES. Mr. Campbell to Secretary of State. CONSULATE OF THE UNITED STATES, Havana, September 17, 1849. Sin: The sloop of war Germantown arrived at this port about sunset, last evening, when Captain Lowndes addressed me a note informing rne of his arrival, and that he had in his possession despatches from you to my address. I passed into quarantine this morning at 6 a. m., and had the honor to receive your despatch of the 20th of August, and the triplicate: of that of July 28th, (the duplicate not having reached me.) Juan Garcia having, as you are already advised, been sent to New Orleans, and whatever may be my own opinion of the conduct of this government, it is not possible to obtain here evidence of the complexity of any official in Havana in the abduction of Garcia, and of course no grounds were left for further action. Mr. Hunton shall (in obedience to your instructions) be immediately furnished with all the evidence in this office in relation to Garcia's case. Certain papers have been sent by me to be opened by Mr. Hunton, on your consent being first obtained. You have secured the gratitude of all Americans here for sending the Germantown so promptly. You will please accept my thanks for the confidence expressed in your communication of the 20th ultimo. With great respect and esteem, I have the honor to be, &c., ROBERT B. CAMPBELL. Hon. JOHN M. CLAYTON, Secretary of State, Washington city. 41 [ 13] Secretary of State to Mr. Canmbell. DEPARTMENT OF STATE, TVashington, September 19, 1S49. SIR: Your despatch enclosing a communication from the Captain General has been duly received. Your account of the mode in which the liberation of Garcia was effected by you is entirely satisfactory, and it gives me pleasure to state that the energy and judgment which have marked your official conduct, throughout the whole of this delicate affair, meet with the warm approval of the President and of this department. Iam, sir, &c., JOHN M. CLAYTON. To ROBERT B. CAMPBELL, Esq., United States Consul, Havana. Mr. Campbell to Secretary of State. CONSULATE OF THE UNITED STATES, Havana, October 13, 1849. SIR: This letter will be presented to you by Doctor Franklin Gage, a physician of high professional'attainments, and a gentleman of integrity and honor. Doctor Gage is the same person whom I employed to accompany Juan Garcia Rey to New Orleans. I beg leave to refer to my official letter to you, under date of 18th of August last, wherein I stated that I had paid Doctor Gage two hundred and six dollars for his services and expenses in going to New Orleans, and expressed an opinion that in consideration of his loss of time and professional practice, the Department of State would do no more than justice in making the amount of compensation five hundred dollars. In the hope that my views may meet your approbation,, I have the honor to be, &c., ROBERT B. CAMPBELL. Hon. JOHN M. CLAYTON, Secretary of State, Washington city. Mr. Campbell to Secretary of State. CONSULATE OF THE UNITED STATES, Havana, November 18, 18,49. SIR: Your official communication of September 19th, postmarked at Washington September 21st, and at Charleston November 14th, I have had the pleasure of receiving by the Isabel this day. The delay caused me some anxiety; for although I had acted under the dictates of my best judgment as to the interest of our country, the policy of the administration and my own duty, I had feared from your apparent silence that my action had not met the President's and your approbation. Your letter [ 13 ] 42 more than relieves me from this apprehension, and I beg to tender to the President and yourself my sincere thanks for the kind and full expression of approbation which the letter contains. I have the honor to be, &c., ROBERT B. CAMPBELL. Hon. JOHN M. CLAYTON, Secretary of State, Washington city. Mr. Calderon to the Secretary of State. [Translation.] [Uonfidential.] GLEN COVE, August 2, 1849 SIR: I have lately observed in several of the newspapers a report of the alleged abduction from New Orleans of a Spaniard named Garcia, alias Rey, by the connivance of the Spanish consul. This report, together with the bitter declamation and angry commentaries by which it was accompanied, I conceived to be one of the many idle rumors spread by those who had been for some time past,endeavoring to impress the American people with a persuasion of the convenience, possibility, and necessity of annexing Cuba to the United States, and who employ to this end all kind of malicious and absurd calumnies against the government of the mother country and the authorities of that island. I waited, therefore, until more accurate information on the subject should arrive from the consul himself. This I at length received yesterday, and now hasten to lay the substance of it before you. Juan Garcia, under-keeper of the prison in Havana, deserted his post, taking with him Don Vicente Fernandez, who was detained there in custody on a charge of fraudulent bankruptcy; and with this prisoner, and another named Don Civilo Villaverde, embarked in the American schooner Delfina, for New Orleans. But, once there, they abandoned him to his fate; and he, laboring under extreme want, and irritated at having been thus deceived, forward-' ed a request to the Captain General of Havana, petitioning for pardon, and asking leave to return there, in order that he might point out the place where the fraudulent merchant had deposited $200,000 belonging to his creditors, with the intention, no doubt, of exporting that sum when it should be possible or converfient to do so; and, also, that he might make some other revelations which concerned the safety of the island. The request was granted by the Captain General. But when Garcia was informed of this, he begged the consul to give him a passport under the assumed name of Pedro Murga y Romeo, resolving to conceal his intended return to Cuba, and to embark secretly, fearing lest his accomplices should endeavor to prevent it by violence, or other criminal means, and thus he effected his escape. Such is in abstract the statement of the consul. At the same time he complains of insults of the most grievous nature, and requests my interference to protect him from the outrages to which he assures me he is constantly exposed, owing to the excitement and agitation maliciously 43 [13 ] got up by his enemies, who leave no means untried to irritate against him those who are misinformed as to the true state of the case. In forwarding to you, sir, this abstract of the Spanish consul's statement, I have, as you no doubt foresee, a twofold object: first, I wish to let you know, so far as I am myself informed, and as it appears more than probable is the fact, that there has not been the violation of territory supposed by the newspapers; and, secondly, to request that you will take whatever measures are in your power in order that no further outrage shall be inflicted on the consul. You cannot doubt that his government would visit his conduct with condign punishment, should he deserve it. In spite of the bad state of health in which I left Washington, and from which I have only partially recovered, I shall hold myself in readiness to go there without loss of time, and to have a personal consultation with you on this subject, should you consider it at all desirable. By so doing I should fulfil one of my first duties-a duty which I never have relaxed in, and never will-that of endeavoring to preserve and strengthen the bonds of friendship by which our respective countries are so happily united. I profit by' this occasion to renew to you, &c. A. CALDERON DE LA BARCA. Hon. JOHN M. CLAYTON, EC., Ic., L'C. Mr. Calderon to the Secretary of State. [Translation.] NEW YORK, August 27, 1849. On the 2d of this month the undersigned, Envoy Extraordinary and Minister Plenipotentiary of her Catholic Majesty, addressed to the honorable John M. Clayton, Secretary of State of the United States, a communication relative to the jailor Garcia, alias Rey, informing his Excellency of the cognizance which he then possessed of the facts, and requesting him to take measures in order that respect and protection from insult should be afforded to the person of the consul of her-Catholic Majesty in New Orleans, Don Carlos de Espana, a lawsuit having been brought and followed up against him, by an inferior court, upon the supposition of his having employed intrigue andviolence to bring about the departure of the said jailor from that city. The undersigned has not yet received a reply; but has had the satisfaction of learning orally from the honorable John MI. Clayton, not only that such orders had been given, but that justice should be done to Senor Espaia; and these assurances he has transmitted with unbounded confidence to his government. Since then, the obstinate instigators of sedition in the island of Cuba have made their design manifest. This is no other than that of bringing about a bad understanding, and producing a temporary estrangement between both governments, as the means most conducive to the success of their barbarous projects. With this view they have recourse to the perfidious practice of conspirators in all ages, that of disfiguring the truth and of sowing discord. But the snare is too visible not to be observed [ 13] 44 and avoided, both by the intelligent prudence of the government and by that of the rational portion of the American people. A short time since the undersigned received two communications, one from the consul of New Orleans, and the other from the Captain General of the island of Cuba. Both are the objects of this note. In the first, the consul claims the intervention of the undersigned, in order that his person may be protected against the snares by which he declares himself to be surrounded. Fulfilling his duty, the undersigned claims this protection with all formality and earnestness from the government of the United States. The consul Don Carlos Espaia, besides being a Spanish citizen, is also a public officer of her Majesty, and requires for the exercise of his functions all the security and tranquillity guarantied to him by the exequatur, so long as he holds it, of his Excellency the President of the United States. Addressing, in the enlightened age in which we live, a cabinet composed of such intelligent statesmen as that of Washington, the undersigned believes it only necessary to make the following simple remarks: The accusation against Don Carlos de Espana is not proved very far from it. Even were it so, and the sentence pronounced by a competent tribunal; still, the custom among friendly nations, diplomatic courtesy, justice, and the extreme importance of conforming to usages conservative of the peace and harmony of nations, would make it advisable to ascertain, in the event alluded to, by way of argument, whether the Spanish government were disposed or not, in presence of the proofs presented to them, to give sufficient satisfaction. This, besides being just, would be due to the delicacy and consideration with which that government proceeds when they believe they have motives of complaint against any American consul. The incidents of recent date, as well as those which had previously taken place in this disagreeable affair, turned to account with so much craft and mlalice, are related in the official letter of the 9th instant, by his Excellency the Captain General of the island of Cuba, the Count of Alcoy. The undersigned transmits it adjoined, complete and without alteration. Neither the elevated position of the signer of that document, nor his well known honorable character, can permit a momentary supposition of his being capable of purposely falsifying the truth. His assertions therefore have the greatest weight, and the undersigned claims for them all due credit and consideration. But laying aside these occurences and the sophisms employed during the excitement of the passions, there is one fact, authentic, undeniable, furnishing the dearest light for discovering the truth, if the agitators can search for it in good faith; and it is, that the jailor-entreated pardon for his crime, and permission to return to Havana, under his own signature, and from the American territory. If afterwards he should have or has contradicted himself several timesat one time making one statement, at the next another, and necessarily on one or other of these occasions deviating from the truth-the most which with good sense can be inferred is that Garcia, or Rey, is a despicable and weak being, the mere puppet of those who surround him. The undersigned, therefore, requests the honorable John M. Clayton to place the centents of this note before his Excellency the President. From his wisdom and discernment, it is impossible to doubt that he will 45 [13] take into consideration the claims of the undersigned, viz: Ist. That the consul, Don Carlos Espaina, shall not be molested in the discharge of his functions, and that he shall be judged by the tribunal which the fundamental laws point out; 2d. That the assertions of his Excellency the Count of Alcoy be taken into account in the investigations which are made; 3d. That, in any event, no proceedings shall be taken without reliance on the loyalty and justice of an enlightened government, connected with the United States by relations of sincere friendship, of which unceasing proofs are given in this very island, of Cuba. The undersigned also hopes for a prompt and satisfactory reply, which, transmitted to his government, may calm for the present the agitation which in Madrid, as here, evil disposed persons will endeavor to excite by means of exaggerated or false rumors. With this flattering hope, the undersigned has the honor to renew to the honorable John MI. Clayton the assurances of his most distinguished consideration. A. CALDERON DE LA BARCA. His Excellency the Hon. JOHN M. CLAYTON, Secretary of State of the United States. Translation of the official communication of his Excellency the Captain General to Don A. Galderon de la Barca, Gc. 4c. MOST EXCELLENT SIR: According to what has been communicated to me by the consul of New Orleans, your Excellency must already be well informed of the event which has so greatly occupied the press and the public of that city, and which so much affects the situation of the said consul. It is an occurrence so plain and simple in itself, that it could not possibly have assumed the character with which they pretend to invest it, but for the suggestions of the numerous persons who, whether fearing to be compromised by the declarations of the ex-keeper of this royal prison, Juan Garcia, or guided by a hostile spirit towards the functionary who is, the mark for their attacks, or towards the Spanish government and authorities in general, have taken advantage of this opportunity to turn the occurrence to account, giving vent to their malice, and clearly endeavoring to give a delicate and complicated turn to the affair, believing that by this system they can serve the infamous cause which they have embraced. Your Excellency, then, being acquainted with all that relates to the said city of New Orleans, I think it important to give you information now of everything that concerns this capital, in order that you may make what use of it you think proper, and also on account of the steps which it may be necessary to take before the government near which your Excellency worthily represents her Majesty. On the night of the 31st of March and 1st of April, there escaped from this royal prison the second jail keeper, Juan Garcia, with the two individuals, Don Vicente Fernandez and Don Civilo Villaverde, confined there and sentenced, the first to the galleys, for the notorious fraudulent bankruptcy of the house of Don Pedro Blanco & Co., and the second to capital punishment as an accomplice in revolutionary attempts to subvert the relations subsisting between this island and the mlother country. IlI [13 46 consequence of this escaee, interrogatories were passed to the consuls of those places to which it was supposed they might have fled. The consul of New Orleans gave information of the arrival of the fugitives in that city; and afterwards gave notice that the former had made known with a thousand asseverations the manner in which he had been compromised by them and forced to abscond from this place, offering to make certain very important revelations in regard to the cases of his two accomplices, on condition of obtaining a pardon. Believing that, in fact, this individual mig-ht have it in his power to communicate some particulars interesting to the service, which might compensate for his pardon, I made known to the consul, that on condition that Juan Garcia should make revelations of such a nature, and shouldprove themz he mighlt return here without fear, giving him aid to do so, so far as it might be necessary, and observing a profound reserve. In consequence of these preliminaries, the said consul forwarded to me two declarations made in his presence by Garcia; and shortly after their receipt, the said individual, Juan Garcia, arrived incognito in this port, on board the pilot boat Mary Ellen, on the 17th of last month. As a passenger from that point, it wras necessary for him to undergo a quarantine of fifteen days; but as the vessel set sail on the 24th, he transferred himself to another American vessel, which wanted the same number of days to complete her quarantine; and there he remained, precisely like any other individual, subject to no other kind of watch, precaution, or attention whatever, until the morning of the 30th, when, the term of the vessel being concluded, I desired him to appear before me, in the presence of an alcalde mayor and a public notary. He then ratified all the declarations which he had made before the consul of New Orleans; adding, that his departure from that city, and his voyage here, had been made of his own free will, woithout any compulsion or violence whatsoever, trusting to obtainingr apardon if his revelations should be deemed suificient, and he should prove them. Both on this account, as well as for the security of his person, and the circumstances which were resulting from this affair, and especially from observing the color which they were endeavoring to give this affair in New Orleans, I desired him to be placed in confinement in the royal prison, without communication. At the time of the arrival of the English steamer from the Gulf of Mexico, on the 25th, the newspapers and letters from New Orleans had been received here, discussing, according to their own notions, the departure of Juan Rey, and the circumstances I have already mentioned. In consequence of this, it appeared to me proper, in order that the Spanish consul might disprove these charges, that the said individual should write to him from the quarantine where he still was, declaring whether his departure and voyage had been voluntary or forced. Consequently, I desired the secretary of this government, in his answer to a letter which Garcia had addressed to me, dated-thle 23d-in which, among other things, he reiterated his former declaration, and affirmed that he had come to present himself spontaneously and of his own free will to my authority-to request him to address another to the consul, Don Carlos Espafia, declaring to him clearly and frankly the object of his departure and voyage. He did so, and the letter was forwarded to its destination without loss of time. The American consul here, Mr. R. Campbell, requested, on the 28th, fiom the captain of the port, permission to pass to the quarantine; to make 47 [ 13 J certain interrogatories on board the American vessel Andrzew Rizng. Receiving for answer that he might do so without inconvenience, merely submitting to the general sanitary precautions, he accordingly went there in the afternoon) on which occasion the captain of the port was also there, with a government interpreter. The consul conversed with the captain of the port, and with the individual Juan Garcia, who was on board, and who declared with the frankest possible promptitude and ease that he had left New Orleans and come to Havana solely by his own free will; that no violence had been used to him on board that vessel; that he did not desire to return to the United States, and that his wish was to remain in Havana. During this officious visit of the American consul, (which it is very certain would not have been agreed to on these terms had it been possible that the arrival of the individual in question had been brought about by violent means,) no difficulty occurred but the very natural observation made to him in the politest terms by the captain of the port, on hearing him questioning Garcia as to whether he was the actual individual who had been keeper of the royal prison, that he believed that class of interrogatory ought not to be used, to which the consul immediately assented, and appeared to be penetrated with the justice of the remark. Whether Garcia was struck by the visit of the consul, or whether after that some persons had contrived to influence hihi with entreaties or threats, it has not yet been possible to determine; but it is certain that the following day, the 29th, he wrote a letter to the consul, which he sent sealed, and which I caused to be delivered to him on the morning of the 30th, after Garcia, already out of quarantine, had appeared before me. In the communication of which I enclose a copy (No. 1) to your Excellency, the consul, Mr. R. Campbell, informed me of the receipt of this letter from Garcia, in which he contradicted his former statements, and enclosed me a copy of it, (No. 2.) The claim made upon me by the consul, founded upon this letter, appeared to me unusual, and even offensive; but wishing to proceed with the utmost calmness, and considering the circumstances in which the consul of New Orleans was placed, I confined myself to replying, after taking the opinion of an assessor of the government, in the terms which your Excellency will see, (No. 3,) since which I have received no further letter. From this account your Excellency will draw these inferences: First, as to the nature of the individual whom they wish to represent as having been forcibly abducted. Secondly, that the whole of this noisy affair is reduced to the fact, that, driven by misery, on finding the manner in which he was requited by his accomplices, Garcia had recourse to the plan of offering to make an important revelation, by way of compensation for his pardon. And the third, that the conditional offert, under which guarantee he decided to come, still exists, and will be his safeguard, if in fact he makes important communications, and proves them. The manner in which on his part he has fulfilled his engagement, is very far as yet from satisfying me; and for that reason, as well as for his conduct in writing in the manner he did to the American consul, I cannot infer the issue. On the 6th of the present month he made in my presence a new statement, declaring that he had written that letter in consequence of having been advised to do so by an individual who cane alongside of the vessel in which he then was; of which declaration I have sent one [ 13 48 copy to the American consul, and another to her Majesty's consul in New Orleans. " As to the position in which our consul finds himself placed since the affidavit, your Excellency, as his natural superior, will know in what degree this is or is not lawful, in his quality of consul, and the steps which the case may require in regard to him. I shall only confine myself to one remark which I shall make to your Excellency, viz: That Don Carlos Espaina since I have been in this island, has shown a laudable zeal and activity- indiscovering and following out the thread of whatever might be prejudicial to the island and to the cause of our nation; which, in a population.like.that which serves as an asylum for the refuse of all the antilles, as well as-of^ilany other countries, must have procured him many bitter enemrie,'as:is proved on this occasion by the tendency of the attacks thrown out against him in several of the newspapers. Of allt-his:shall send a detailed account by the next courier to her Majesty's government, as also to the consul of New Orleans, to act as may be suitable, according to the circumstances; and according to the instructions of your Excellency,.,whom I shall not fail to keep informed henceforth,;of whatever new incidents worthy of notice may occur. Godi'r'eserve your Excellency many years. Havana, August 9, 1849. CONDE DE ALCOY. His Excellency E. E. and M. P. to the United States, 4'c. No. 1. SECRETARIA POLITICA) CONSULADO DE LOS ESTADOS UNIDOS, Nabana, Julio 30 de 1849. SENOR: Recibi el jueves, por el vapor Brit6nico, ciertos periodicos infiuyentes de Nueva Orleans, unas cuantas tiras de los cuales me t6mo la libertad de incluir a V. E. para que pueda mejor comprender el motivo de mis acciones pasadas las cuales voy a referir, y de la solicitud que acompana a la relacion. Teniendo eotendido el viernes pasado que Juan Garcia, la persona h que aluden los papeles de Nueva Orleans, estaba abordo del bergantin Americano Andrew Ring, entonces en cuarentena passe ver al capitan del puerto, y le informe de un deseo e intencion de ir a la cuarentena y proponer algunas preguntas al pasagero abordo del Andrew Ring, a lo cual con politica consentio, y con la misma politica me indico la localidad del bergantin. Mi objeto era establecer la identidad de Juan Garcia, averiguar si vino como pasagero a bordo de la goleta Mary Ellen de Nueva Orleans, y si era asi, si su venida fue voluntaria 6 como espresaban los periodicos habia sido. Sacado contra su voluntad de Nueva Orleans sin respetarse las leyes de la Louisiana, y en violacion y desprecio de la soberania de los Estados Unidos. En contestacion a mis varias oreguntas el pasagero manifesto que el era Juan Garcia, que habia sido 2d alcayde de la prision, que vino aqui en la galeta Mary Ellen por su propia y libre voluntad, y # This paragraph, though foreign to the purpose,I do not omit, considering it beat to lay the whole before your Excellency, as it stands. A. CALDERON DE LA BARCA. 49 [13] qlne no queria.volver a los Estados Unidos. Creyendo que el hombre dijo la verdad, imagine que no era necesaria ninguna mas accion mi intel'vencion. BEsta manana sin embargo con gran asombro mio, recibi por manos de un soldado de la secretaria politica una carta copia de la cual tengo el honor de ineluir. La carta siendo tan contradictoria de las anteriores declaraciones hechas a mi per Juan Garcia, no puedo saber con certeza si es. genuina 6 una falsedad, la personadel capitan del puerta a quien se alude,n la carta, siendo en mi opinion una escusa insuficiente para proferir falsedad. Este asunto, si la carta resulta ser verdad como tambien las declaraciones hechas en ella, siendo irritante grave y que demanda del gobierno de los Estados Unidos una accion pronta y energica, V. E. sin duda me facilitara una orden permitiendome ver y conversar con Juan Garcia, solo con el fin de obtenir la ratificacion 6 negativa de su firma. En consecuencia de la timidez de Juan Garcia pid6 i V. E. permiso para verle en presencia de dos testigos, y bajo tales circumstancias que aseguren la libertad de sus contestaciones. Tengo el honor de ser, senir, con consideraciones de gran respeto y aprecioe su mas obediente servidor, ROBERTO B. CAMPBELL. A. S. E. el CONDr E D ALCOY, Gobernacdo y U.pitan General, 3'c.., Ic., -}c. No. 2. Sefior Consul de los Estados Unidos yo. me Llamo Juan Garcia Rey bine a la fuerza por el consul Espanol en Nueva Orleans, y me acojo al pabellon Americano, quiero marcher me otra vez para los Estados Unidos..Abordo del 7errible, Julio 27, 1849, firmado Juan Garcia P. D. E. benido a la fuerza habiendome preso el consul Espaiiol con una orden filsa del recorde de la 2d municipalidad, y embarcado a la fuerza a las 9 de la noche que me sacaron de la casa de Don Jose Morante. Con que quiero que V. sea mi padrino que me vuelvan a mandar alla otra vez porque sino me aifsilan-abordo del Terrible, firmado Juan Garcia:Reyno le able francamente porque estaba delante el capitan de puerto. Son copias: ALCOY. Estan conformes. No. 3. SECRETARIA POLITICO. Aunque tenia conocimiento de lo que en varies periodico de Nueva Orleans se habia insertado relitivamente a la salidade aquella ciudad del individuo Juan Garcia, 20 alcayde que fue de la real carcel de esta ciudad ninguna atencion me era dable fijar en ellos puesto que de la realidad del fuceso tenia yo los partes oficiales del consul de S. M3. y ademas me habia dirijido una carta el mnisa'e individuo desde el buque,! [ 13 ] 50 en que se hallaba de cuarentena ratificandose en todo lo que me constaba, poresto es que me caus6 alguna sorpresa la comunicacion de V. S, fecha de antes de ayer inclugendome copia de la que le habia escrito el citado individuo y recibi6 por conducto de un ordenante de la secretaria a quien en efecto se en cargo la pusiera en sus mano porque habiendola entregado para tal fin cerra da estando todavia 6 bordo de la cuarentena pero proximo a sabi a tierra no podia producir inconveniente el que llegara 6 su destino mayorrente en virtud de esas mismos falsas ospecies esplotudas por los diario de Nueva Orleans. La entrevista que V. S. tuvo con el individuo Juan Garcia y la resuelta y franca declaracion que dia estando todavia abordo del bergantin Americano Andrew Ring juzgo que fue una prueba basante conclugente para venir en conocimiento del suceso y para haber apreciado despues en sit justo valor la carta en que V. S. se funda para solicitar el acto testimonial y declaracion ante V. S. A. su estremado.celo por el servicio de su destine debo atribuir semejante demanda porque me persuado no se ocultara a su buen tacto y al conocimiento de sus atribuciones que el pretender en sem, jante particular mas esplicaciornes y el pretender las como V. S. lo hace tiene un caracter de exijencia que no puedo admitir como ofensivo a la buene fe al decoro de los empleados de S. M. y al honor de pavellon si a la visita inesperada de su animo nacieron temores que antes no le habian ocurridos y ellos le movieron a escriber 6 tal vez el influjo de terceras personas. Su carta del 27 niesta ni ninguna otra manifestacion en igtlal sentid) que hiciera podria desvirtuar el merito de su declaracion espontanea ante el consul de Nueva Orleans en sus cartas aqui vecien llegado al puerto ni lo que de palabra contest6 a V. S. ni su mas reciente ratificacion a mi presencia la de un alcalde mayor y un escribana piblico en la cual repite que forsado por la miseria en que sus complices de fuga le dejaron se presento ante el consul Espaiol y que se decidio 6 venir porque se le ofrecio el incdulo caso de que hiciera revelaciones y lasjusticfira sosteniendo emprendia el viaje sin coacciron de ninguna genero. No merece en verdad este asumpto tanto como ya llevo escrito pero no sera escusado reflerione V. S. que ese individuo llego al puerto en el pailebot Mari Ellen el dia 17 en el cual permanecio en cuarentena hasta el 24, en que por la salida de dicho buque yfaltandole afn varios dios par concluir la cuarentena se trasbordo al Andrew Ring hasta que la termino en la manana del 30. Si la situacion del tal individuo y los pormenores de su viaje hubiesen tenido otro caracter Ihabra permanecido una hora en buques estrangeros cuando los habia nacionales y de guerra en quo guardarlo? Concluyo pues con decir a V. S. que no hay tertninos habiles para accedor a su petecion y que si no obstante lo que dejo espuesto, cree debir insistir en sits gestiones acuda para ello a su gobierno el que por los medios regulares sabra dar a la cuestion su verdaden giro. Dios guarde 6 V. S. muchos anfos. Habana, 2 de Agosto de 1849. EL CONDE DE ALCOY. Se-nor CONSUL DE LOS ESTADOS UNIDOS. Es copia: ALCOY. Esta' conforme. 51 [13] SECRETARIA POLITICO. Pasese al interprete del gobierno la communicacion del consul Americano, y la traduccion hecha de le misma letra, y en el propio papel que aquella para que los coteje, y esprese si la traduccion esta c6nforne. Habana, 3 de Agosto de 1849. De orden de D. E. CRISPIN XIMENES SANDOVAL. HABANA, 3 de Agosto de 1849. EXMO. SENOR: He cotejado la traduccian acompa-nada por el consul, y hecha de la misma letra del original, y en papel de la misma clase, y solo encuentro la orision, " que yo elija" (that 1 mtay select) al hablar de los testigos que habian de presenciar la declaracion, y mas arriba donde dice, (fiom, the apparent timidity) que equivale en Castellanio " mediante la aparente tinmiez," que en la traduccion aparece,' en consecuencia de la timidez.": Exmo. Seior, RAMON DE ARRASTIN. Es copia: ALCOY. Esta conforme. [Translation.] POLITICAL SECRETARY'S OFFICE, llava,na August 3, 1849. Send the communication of the American consul, with the translation of the same, to the interpreter of the government, and made on the proper kind of paper, that he may compare ttem and say whether the translation is correct. By order of his Excellency: CRISPIN XIMENES SANDOVAL. HAVANA, August 3, 1849. MOST EXCELLENT SIR: I have compared the translation enclosed by the consul, and made from the original letter, and upon paper of the same kind, and I only find the omission L'" hat 1,may select" (que yo elja) upon speaking of the two witnesses who were to be present at the examination; and also, above, where he says "from the apparent timidity," which is equivalent in the Spanish to "mediante la aparente timidez," which in the translation appears thus: " en consecuencia de la timidez." Most excellent sir, RAMON DE ARRASTIN. This is a copy: ALCOY, It is correct. [,I ] -5 Secretary of State to Mr Calderon, DEPPARTMENT OF STtATE Wasi~igto n,- Autgust 28, 1 S49 SIR: I have the honor to acknowledge the receipt, this day, of your note dated at New York on the 27th instant, covering a copy of a covmnunlication from the Captain General of Cuba to you, of the~9th of this month. Previous to the receipt of your note, my attention had been arrested by the charge made before an investiliating tribunal in the city of New Orleans, against Senor Don Carlos de Espana, consul of her Catholic Majesty at that port. Belbre.the decisi)n of that tribunal had been announced, had received your Excellency's note of the 2d instant, containing the defence of the Spanish consul against this accusation, and had the honor to hold a conversation with you on that subject, in the course of wvhich you advocated the cause of the consul with great zeal ard ability, and I assured your Excellency that justice would be done to the consul, who had nothing to fear if he were really innocent of the charge, I have since learned some facts in connexion wlith the departure of Garcia from New Orleans, and his arrival at Havana, which make it my duty now to apprize your Excellency that the case of the Spanish consul has assumed new features. The investigation before the tribunal at kew Orleans has resulted in an order that the consul should enter into a recognizance, with sureties ior his appearance, to answer on a charge of the forcible abduction of Garcia before the circuit court of the United States. This decision, nade after elaborate investigation on the spot where the crime is alleged to have been committed, evinces the belief of that tribunal that the proof against the consul was sufficient to merit a hearing befbre the circuit court. It is unnecessary for me to advert to the evidence which was adduced on that occasion, because your Excellency has had ample opportunity of perusing it in the public prints. It is not to be doubted at this day, that a consul is liable to be punished for a criminal violation of the local laws of the country in which he resides. Your Excellency is aware that the mnost approved writers on the law of nations hold the doctrine, that, in civil and criminal cases, consuls are subject to the local law in the same manner with other foreign residents, owing a temporary allegiance to the State. The Spanish consul at New Orleans must, therefbre, abide his trial, without any interference of this government to prevent the due course of justice. The tribunal before which he is bound to appear is the proper guardian of its own jurisdiction, and will decide whether he is amenable to it; and its decision, given upon the merits, after a consideration df the evidence on both sides, will determine whether any, and, if any, what punishment shall be inflicted upon the party accused. But your Excellency may be assured that this government will protect the Spanish consul from all illegal attacks upon his person or his flag, in case it should'become necessary. No such attacks are at present apprehended. I think it proper now, however, to inform your Excellency, that the reftsal ofthe Captain General of Cuba to permit.the American consul at Havana to see Garcia out of the presence and hearing of any one who could-intimidate or overawe him, is conceived to have been an ill-advised step on his part, if he thought the Spanish consul at New Orleans was really innocent. Your Excellency is aware that the charge against the consul has also implicated the Captain General of Cuba, who is by many [ believed to have given the order under which the consul acted. His refusal, therefore, to permit the American consul to see Garcia alone, or under circumstances which should free him from the suspicion of duress, was, to say the least of it, a most unfortunate circumstance. It is a settled principle of law, that' where a party, being apprized of the evidence to be adduced aga inst hi-n, has the means of explanation or refutation in his power, if the charge or clain against him be unfounded, and does not explain or refute that evidence, the strongest presumption arises that the charge is true or the claim well founded. It would be contrary to all experience of human nature and conduct to come to any other conclusion." If innocent of the accusation, the Captain General, by sending his prisoner back to New Orleans to give evidence on the trial of the consul, can repel the inference which has been drawn by others fromn his imprisoning Garcia without communication (as he admits he has done.) With the most anxious desire to mantain the pacific relations between the two countries, and in the spirit of justice to all the parties concerned, I now invoke your Excellency's influence with the Captain General and the government of Spain in effecting an object so desirable as the appearance ot Garcia to give testimony on that trial. His testimony, if exculpatory of the Spanish consul, would be held highly satisfactory evidence of the consuls inn6cence, and repel the presumption which has been raised by the past conduct of the Captain General. Though the President will not hesitate to demand the return of Garcia through our consul at Havana, yet it is not to be understood from that, or from anything communicated in this note, that he has prejudged the question which has been raised in reference to the Captain General of Cuba. His prompt return of Garcia may remove the unf;avorable impressions created by past occurrences. The Captain General is known as an officer of the highest rank, eminently distinguished by the sovereign of a nation with which we have sought to cultivate the most friendly relations, and bearing the high character of a brave soldier and a chivalrous and accomplished gentleman. But be assured that while the President will carefully maintain the faith of'treaties, and exert himself to the utmost to prevent any invasion of the territory of a friendly power, he will also maintain, at every hazard, the inviolability of the person of every man entitled to the protection of the American constitution and laws. The accompanying copy of my letter to the district attorney at New Orleans, of the Sth instant, written under the President's instructions, exhibits the spirit which has actuated him in reference to your country. It shows that his sincere wish, as therein confidentially communicated to the attorney, was, that the Spanish consul should prove to be not guilty of the crime alleged against him. But the evidence now before him has produced a deep impression on his mind. The whole subject is surrounded with difficulties, and may be pregnant with peril to the peace of the two countries. The slightest mistake at this time on either side might prove fatal to that peace. There are many considerations connected with the subject which might more properly form the topic of friendly conversation between us, and I therefore forbear to press them in a note. With a view to such a conference, I hope to have the pleasure of seeing you here at your earliest convenience. I avail myself of this opportunity, &c. JOHN Ac. CLAYTON. Don A. CALDERON DE LA BARCA, E. E. and. P. of Sxpain. r 13] 54 Secretary of State to Mr. Calderona DEPARTMENT OF STATS, Washingtorn Septeember 3, 1849. Sir: In the conversation which I had the honor to hold with you on the 1st instant, I informed you of the return of Juan Garcia from Havana to New Orleans. The action of the American consul, in procuring the order of the Captain General for his liberation, was conducted not in his character as consul, but in an unofficial way, under instructions from this department. The instructions were received at Havana on the 16th day of August, and on the afternoon of the 18th the Captain General surrendered Garcia to Mr. Campbell, who immediately caused him to be sent in the brig Salvadora to New Orleans. In my note of the 28th ultimo, I assured your Excellency that this government would protect the Spanish consul at New Orleans from all illegal attacks upon his person or his flag, in case it should become necessary, but that no such attacks were then apprehended. No apprehensions of that kind are now entertained; but it is due to your Excellency that I should now state that instructions have been sent to the district attorney at New Orleans to carry out the wishes expressed by you for the protection of the Spanish consul. I again renew to you the assurance, &c. JOHN M. CLAYTON. Don A. CALDERON DE LA. BARCA, "c, E'c., Nc. Mr. Calderon to the Secretary of State. [Translation.-Extract, ] LEGATION OF SPAIN AT WASHINGTON, September 4, 1849. Don A. Calderon de la Barca has the honor to salute the Hon. John M. Clayton, and to enclose to him copies, first, of an official letter from the consul at New Orleans, (translated,) relative to the partiality of which he complains in the transmission to Washington of certain papers concerning the pending investigation in regard to the jailor Garcia. Don A. Calderon de la Barca has spoken to your Excellency of this official communication. Don A. Calderon de la Barca avails himself of this occasion to reiterate to the Hon. John M. Clayton the assurances of his most distinguished consideration. [Translation.] CONSULATE OF SPAIN AT NEW ORLEANS, August 17, 1849. MOST EXCELLMENT SIR: Mr Robert Preaux, one of my counsel, has just nformed me that he has learned, from a reliable source, that with this a5 L [ 3 ] date there has been transmitted to Washington city, to be read by the President and his cabinet, a copy of the testimony, as it has been published in those newspapers which are most hostile to me, and that authentic copies have only been sent of the evidence of the policeman Trescazes and that of the vagabond Charles Rodgers. It seems to me that it would be proper to ask the government to require an authentic copy of all the depositions, as well for the prosecution as for the defence, duly certified, and collected in presence of the [nited States attorney for the district, and of my counsel, if it be desired to know the truth of the case. This would be the safest course, and the one which, it seems to me, is due to the government of our sovereign, when its consul is accused, and when, without any consideration for this position, the whole press of this,city is united to oppress, without having heard me. The name of Mir. Preaux will not be ulnknown to the President. His character is known to him and to his cousin, William Taylor, at present in this city. All which I hasten to commmnicate to your Excellency. God preserve your Excellency many years. CARLOS DE ESPANA. His Excellency the ENVOY EXTRAORDINARY AND MINISTER PLENIPOTENTIARY OF H. MI. IN WASHINGTON. Af. Caldero n to the Secretary of S'caIe. [Translation.] NEW YORK, September 13, 1849. The undersigned, Envoy Extraordinary and Minister Plenipotentiary of her Catholic Majesty, has lately received from his Excellency the Count of Alcoy, Captain General of the Island of Cuba, a communication, dated the 20th of last August, informing him of the departure of the jailor Garcia, on board the brig Sulvadora, bound for New Orleans. Of the circumstances preceding this departure, the Hon. John M. Clayton, Secretary of State of the United States, is no doubt well informed. His Excellency will consequently have duly appreciated the noble and frank sentimenets, and the desire for conciliation, by which the Count is animated. He concludes his communication in the following terms: "I am persuaded that when Garcia presents himself in New Orleans, all those accusations and charges which, as I have already told your Excellency, I have no motive for believing otherwise than absolutely false and calumnious in the highest degree, will entirely disappear." To this positive and repeated declaration of a person to whom, from his military rank, well-known honorable character, and high official station, as the depositary of her Catholic Majesty's authority in the island of Cuba, it is impossible rationally to avoid giving credit, the Count of Alcoy adds two documents, for which the undersigned claims all due attention, and that they may be kept in view in the commenced investigation, should it be persisted in. The copies of these, for stronger evidence, are sent in the original, and are: No. 1, a deposition of the above-mentioned Garcia; [13] 56 No. 2, a-petition by the same, begging permission to pass to New Orleans, he being already free and pardoned, with the object of proving that he had left that city voluntarily, and of putting an end to the accusations against the consul. These two documents, united with the others, which clearly prove the nature of this Garcia, and the complete distrust which ought to be inspired by all that he may now declare or say, instigated by sinister motives on the part of those who leave no method untried to produce complications between the two countries, cannot fail to make manifest the innocence of the consul, as well as the evil-intentioned designs with which this pretext for agitation has been worked up. The undersigned therefore requests the Hon. John M. Clayton to place this note before his Excellency the President, in order that, in the spirit of justice and moderation of which he gives so many noble proofs, he may so direct that the said two enclosed documents nay produce their corresponding and suitable effect. The undersigned, with this reliance, and referring to his note of the 2d of last August relating to this affair, renews to the { on. John M. Clayton the assurances of his most distinguished consideration. A. CALDERON DVi LA BARCA. lon. JOHN M. CLAYTON,'ecretary of Siate of the Ui'ited Staes. No. 1I r- $S EAL' SECRETAR.IA POLITICO, 1L[s-" ~~L*SHavbana, 22 de Agosto de 1849. En 18 de Agosto de 1849, D. Juan Garcia Rey comparecio ante el Gober-.nador, Capitan General, un asesor y un escribano; habiendo ofrecedo dcir verdad en io que se le preguntase, mediante juramento que hizo, se le puso de maninfesto copia de una declaracion que se suponia pretestada por el mismo individuo en 26 de Julio ultimo ante el consul de S. M. en iNueva Orleans, y despues que la ley6 detenidanmente, dijo. Q1e, era el mismo astestado que presto en la citada fecha, qu.e la firma que hay a su final y dice "Juan Garcia" era la de sui puio y letra, uso y costumtbre y que lapuso sin que para ello precediera coaccion ni ningun genero de violencia. Poniendosele de manifiesto otro documento que aparecia como suministrado por el mismo Garcia al citado consul, de S. M. con relacion a una lista de individuos comprometidos en causa de infidencia, dijo; que era el mismo afirmandose y ratificandose en ello, siendo de su pUno y letra, uso y costumtbre las firmas de "Juan Garcia" que lo autorizan. Ynterrogadoocerca de su venida a la Habana espuso. Que segun ya tenia espresado en otra declaracion, Fernandez le abandon6, faltandole a la polabra que le dio con anterioridad; que por un lado'esta circunstancia y por otro el temor que lleg6 6 concebir de que por parte de Fernandez se trataba de quitarle del medio, y por ultino tambien la miseria, le hicieron acercarse al c6nsul quien le recibi6 benignamente le trato con consideracion y di6 los pasos pare en compensacion de sus revelaciones, se la prometiese indultarle, esperanzado en lo cual no tituebo en venir a la Habana. Dijo asi mismo, que ninguna violencia se habia empleado para embarcarle en 57 [13] Neuva Orleans. Preguntado si desde la cuarentena escribio alguna carta aI Mr. Cambell manifestando que habia sido sustraido con violencia de la vecina republica, dijo; "que si, pero que lo hizo en fuerza del temor que le infundieron, diciendole desde un guadaflo que habia hecho mal en no aceptar las ofertas de Cambell porque lo iba a passar mal que esto le arrebat6 y le movi6 f scribir en aquellos terminos; pero que es absolutamente falso tal supuesto;" se le leyo todo lo declarado y lo f6rm6 por conf6rme, firmando tambien cada una de las hojas de los docuinentos que acababa de reconocer. Esta fielmente estractado: ALCOY. No. 1. [Translation.] [SEAL.] POLITICAL SECRETARY'S OFFICE, Havana, August, 22, 1849. On the 18th of August, 1849, Don Juan Garcia Rey appeared before the governor, Captain General, an assessor, and a notary. Having offered to speak the truth respecting whatever should be asked him under the oath which he took, a copy of a declaration was placed before him, which, it was supposed, had been made by the same individual on the 26th of July last, before the consul of her Majesty at New Orleans, and after having attentively read it, he said that it was the same deposition to which he had sworn on the aforesaid date; that the signature that is at its end, and reads " Juan Garcia," was in his usual and customary handwriting, and that he affixed it thereto without previous compulsion, or any other kind of violent means being used. Another document being placed before him, which appeared to have been furnished by the said Garcia to the said consul of her Majesty, in reference to a list of individuals engaged in a breach of trust, he said that it was the same, affirming and ratifying it, the signature which attested it being in his usual and customary handwriting. Being interrogated respecting his coming to Havana, he stated that, as he had already said in another deposition, Fernandez abandoned him-failing in his word, which he had pledged to him before; that on the one hand this circumstance, and on the other the fear which he began to experience that through Ferlandez he was about to be made way with, (assassinated,) and, finally, also his wretchedness, caused him to approach the consul, who received him kindly and took the steps to cause a free pardon to be promised him as a reward for his disclosures; and he, confiding in this, did not hesitate to come to Havana. "He said, in these same words, that no violence had been used to embark him at New Orleans. Being asked if he wrote to Mr. Cambell from the quarantine, setting forth that he had been taken by force from the adjacent republic, he said yes; but that he did this from the fear which had been caused him, it having been said to him from a boat that he had done wrong not to accept the offers of Cambell, because he would fare badly; that this frightened him and caused him to write in those terms; but that such a supposition is absolutely false." All that he had testified to was read to him, and he signed it, affixing also his name to each one of the sheets of the documents which he had just acknowledged. This is faithfully extracted: ALCOY, 5a [ 1 ]3 s58 No. 2. [SEAL.] SEFCRETARIA PoLITICO. EXrO. SOR: Habiendo obetide de V. E. el iudulto, que solicite por conducto de Sor. Consul de Nueva Orleans y sabedor que haora se le quiera acusar lii adho consul de que mi benida fue violenta coino desearia ne concebise V. E. el permiso de trasladarme aque ciudad para poder acreditar, en la forma que conbenga que sali por mi propia voluntad, y esperanzado, en el perdon que obtengo, en la actualidad, por lo que, A. V. E. rendidamente suplica concederme la Gracia injectra. Habana, 19 Agosto, 1849. Exumo. Sr., JUAN GARCIA. Es copia: ALCOY. No. 2. [Translation.] [SEAL.] POLITICAL SEORETARY'S OFFICE. MOST EXCELLENT SIR: Having obtained from your Excellency the pardon which I asked through the consul at New Orleans, and knowing thatat t this time, it is intended there to accuse the said consul that my coming was throuigh forcible means, I would wish your Excellency to grant rne permission to go to that city, in order to testify there in the proper manner that I left of my own free will, and hoping by the pardon whlich I having actually obtained, 1 duly request your Excellency to grant me the favor sought. Havana, August 19, 1849. Most Excellent Sir, JUAN GARCIA. This is a copy: ALCOY. Secretary of State to.115. Calderon. DEPARTMENT OF STATE,'Wash igton, January, 4,,1850. SIR: Official intelligence has this moment been received from Logan Huntron, esq.,: United States attorney for the eastern district of Louisiana at New Orleans, to the effect that he had, at the present terr of the United States district court, laid before the grand jury an indictment against Carlos de Espaia, consul of Spain, for assault and battery and false imprisonment of Juan Garcia, alias Francisco Rey, in July last; and that the grand jury had ignored the bill. The district attorney adds, that he has reason to believe that the grand jury did not doubt, from the evidence, that Rey had been abducted; but that they did nrot believe the evidence was sufficient to convict the consul of that abduction. The grand jury which ignored this bill of indictment was equally di ^59 -13 J vided in opinion as to the guilt or innocence of the accused. Whilst this question was depending before the judicial tribunals of the country, the President abstained from all interference which could in any way prejudice the cause of the consul; but he now instructs me to say to you that he has revoked the exequator of Senor de Espalia (as consul at the port of New Orleans) by letters patent, of which a copy is here enclosed for the information of your government. With the opinion ot eleven grand jurors against the consul in the city where the abduction of Rey is believed to have taken place, it must be apparent to your Excellency that his usefulness as an agent of her Catholic Majesty had become seriously impaired. Under the unfortunate circumstances of this case, (with which your Excellency is perfectly familiar,) the President, without expressing any opinion on the question of the guilt of the consul, considers the continuance of the consular functions of Seinor de Espana as no longer tending to promote the friendly relations now so happily subsisting between her Catholic Majesty and the government of the United States. In taking this step the President has been actuated by a desire to secure and to cherish the harmony of our international intercourse. The objection to Seior de Espana being entirelyof a personal character, I need not add that the President will take pleasure in recognising another consul from her Catholic Majesty to the same port, to supply the vacancy now exist. ing in that district. I am, sir, &c., &c., JOHN M. CLAYTON. Don. A. CALDERON DE LA BARcA, TC.., Spaiu. ZACHARY TAYLOR, PRESIDENT OF THE UNITED-STATES OF AMERICA. To all whom'it may concern: An exequator having been granted to Seior Carlos de Espana, bearing date the 29th of October, 1846, recognising him as the consul of her Catholic Majesty at the port of New Orleans, and declaring him free to exercise and enjoy such functions, powers, and privileges as are allowed to the consuls of the most favored nations in the United States: These are now to declare, that I do no longer recognise the said Carlos de Espalia as consul of her Catholic Majesty in any part of the Uni. ted States, nor permit him to exercise and enjoy any of the functions, powersor privileges allowed to the consuls of Spain; and I do hereby wholly revoke and annul the said exequator heretofore given, and do declare the same to be absolutely null and void, from this day forward. In testimony whereof, I have caused these letters to be made patent, and the seal of the United States of America to be hereunto [ L. s.] affixed. Given under my hand, this fourth day of January., in the year of our Lord one, thousand eight hundred and fifty, and of the independence of the United States the seventy-fourth. Z. TAYLOR. By the President: JOHN i. CLAYTON, Secretary oJ State. 118 ] 60 Secretary of State to Cartos de Espaia. DEPARTMENT OF STATE, Washington, January 4,1850. SIR: The President of the United States has instructed me to inform you that, for reasons which have been communicated to your own government, your exequator as consul of her Catholic Majesty at New Orleans has been revoked, by letters patent, of which I enclose a copy. I am, sir, &c., JOHN M. CLAYTON. Don CARLOS DE ESPANA, &C., &c., &C., NVew Orleans' Mr. Calderon to the Secretary of State. [Translation.] Washington, January 9, 1850. The undersigned received the day before yesterday the note which the Honorable John M. Clayton, Secretary of State of the United States, addressed to him, under date of the 4th, informing him that his Excellency the President has ddeemed it expedient to revoke the exeqnator of Don Carlos de Espaia, her Catholic Majesty's consul in New Orleans, for the reasons mentioned in the aforesaid note. As there remained still some hours (although few) to avail himself of the departure of the steamer, which sails to-day from Boston for Europe, the undersigned has fulfilled his duty of communicating its contents to his government. But since, by one of the preceding steamers, the undersigned had already acquainted them that the grand jury had ignored the bill indicted against the consul for the alleged abduction of the jailor Garcia, this resolution will probably produce, in her Majesty's government, the sur: prise which is but natural, when they had just seen confirmed, by the decision of a competent tribunal, their entire conviction of the consul's innocence, which now may remain a matter of doubt in the opinion of many uninformed. However, as the honorable Secretary of State affirms that his Excellency the President is actuated by a desire to secure and cherish the harmony of the relations which fortunately subsist between the two countries, without pronouncing Don Carlos de Espafia guilty, the undersigned believes that her Majesty's government will not delay in sending him a successor; admitting with so much the less difficulty the right which the law of nations grants to his Excellency the President, of withdrawing the exequator from any consul when he judges that he has sufficient reasons therefor, that the same right has been conceded to SpainJ when recently she undertook to conciliate the exercise of such right, with the friendly consideration of which she desired to give proofs to the United States. The undersigned begs of the Honorable John M. Clayton to accept the assurance of his most distinguished consideration. A. CALDERON DE LA BARCA. To the Hon. JOHN M. CLAYTON, Secretary of State of the United States of America,'c.,,c. 6B1 [ 13] THE CASE OF JUAN FRANCISCO REY.'The investigation before Judge Bright and M. M1. Cohen, lUnited States fcommissioner. NEW ORLEANS, July 28, 1849. The examination of Carlos de Espaiia, (the consul of Spain at this city,) William Eagle, Henry Marie, and Fulgencio Llorente, charged with the abduction of Juan Francsico Rey, was yesterday begun by Justice Bright, in his court-room, on Common street. The following affidavit of Jose WMorante, upon which three of the parties were arrested, is the accusation against them in detail. A similar affidavit was subsequently made by Mr. Morante, implicating Mr. Llorente in the transaction: Jose Morante, a resident of the city of New Orleans, being duly sworn, declares that on the 8th day of June last, a young man named Juan Francisco Rey, alias Garcia, was introduced to affiant by Fulgencio Llorente, a resident of this city, under the following circumstances: Llorente told affiant that said Francisco Rey was a fugitive from justice from the Havana; that, since his arrival here, said Rey had been living secretly at a riend's house, but he now feared that the poor young man might be iln -dl- ger of his life or liberty, and that he wished him to be conveyed imrned,'ely to affiant's house; that, accordingly, said Rey came to affiant's house, and remained there until the 5th day of this current month of July, when he was feloniously and forcibly taken away from the affiant's premises, and on the same day or the day after, between 8 and 10 o'clock at night, said Rey was forcibly conducted to the schooner Mary Ellen, then lying in front of the Lower Cotton Press, and there with force and arms thrown into the cabin; and the said schooner then shoved off into the stream, and left for a foreign port, supposed to be the Havana. Affiant now charges that the above related facts concerning the forcible end unlawful impressment and violent abduction of said Juan Francisco:Rey, alias Garcia, from this city for a foreign port, can and will be sub. stantiated by witnesses on the investigation of the case; and affiant further charges, that he has good and true reasons to believe and affirm that the following named persons were among the parties engaged in this unlawful deed, viz: Carlos de Espana, William Eagle, and (Henry) Marie, al residing in New Orleans, and James McConnell, captain of said schooner, now at sea. Affiant prays that said persons be forthwith arrested, for having laid violent hands upon, and unlawfully impressing, the said Juan Francisco Rey, alias Garcia, whilst under the protection'of the laws of the State of Louisiana, and that they be dealt with accordingly. And further this deponent sayeth not. JOSE MORANTE. Sworn to and subscribed before me, this 20th day of July, A. D. 1849. GEORGE Y. BRIGHT, Second Justice of the Peace of the Parish of Orleans. The investigation opened a few minutes after 10 o'clock in the morning, the appointed hour. Long before that time, the court-room and the passage leading to it were densely thronged, and the crowd, notwithstanding the intense heat, was undiminished throughout the day. Justice Bright, having taken his seat, informed counsel that he was about to proceed to the examination. At a subsequent stage of the proceedings, the court said, as there would be several French and Spanish witnesses, it would be necessary to appoint a competent interpreter, who would render faithful translations. To t0ls office the court would appoint Mr. William K. Wanton and Mr. Thomnas Gilmore, a member of the bar, to record the important portions of the testimony. Both these gentlemen were accordingly sworn. M essrs. Foulhouze and Collens appeared as counsel for Seiror de Espana; Mr. Preaux for the other parties accused, (except Captain McConnell, who has not been found, and had no counsel to represent him.) The prosecution was conducted by Messrs. Cyprien Dufour and Perry S. Warfield. Mr. Logan Hunton, United States district attorney, appeared in behalf of the federal authorities, and Mr. M. M. Reynolds, district attorney, in behalf of the State. The witnesses, twenty-nine for the prosecution and twenty-three for the defence, were called, and nearly all answered to their names. Mr,. Foulhouze. Before the court proceeds with this investigation, I will lay before your honor the recognition of my client, Don Uarlos de Espafia, by the President of the United States, as consul of Spain, if the counsel of the prosecution has no objection. Mr. Dufour. Not the slightest. The exequatur was accordingly placed in the hands of the court. Mr. Uarnton briefly explained the manner in which he had been induced to appear before the court in connexion with this case, and his position in relation to it. He had been requested by the court, it appeared, on motion of counsel for the prosecution, to attend the investigation. He had examined the affidavits made and the warrants issued, and found they were against "individuals," for an alleged infraction of the State laws, and that this investigation was to be made before a State tribunal. He therefore did not think he should interfere with the matter. But it appeared that one of the "individuals' accused was a foreign consul, who had exhibited his credentials to the court as consul for Spain, and he (Mr. -E.) now asked counsel for the defence who exhibited that paper, if they intended to argue that, the accused being a consul, the State had no jurisdiction over him? Mr. Foulhouze said they could not say whether they would plead to the jurisdiction of the court or not. When their client was arrested the public mind was highly excited, and he thought it his duty to show a complete submission to the law. But he (Mr. F.) would tell gentlemen that the defence would yield none of their legal rights. Ir. Collens said the consul would not waive,any of his rights-he would submit to no deprivation of them in this case. It was the duty of the court to notice the fact of one of the accused being a consul. He could not waive the right if he were willing to do so. He would subject himself to penalties. Mr. Hunton insisted that counsel should say at once whether they objected to the jurisdiction of the court or not. He would propose, if they did object, that a United States commissioner should be called in and listen to the investigation as far as regarded the consul. Let all be examined together. If exception was not taken to the.jurisdiction of the court, there was no further necessity for his (Mr. H.'s) presence, and he would withdraw. 63[ 13 i Mr Foulhouze. I say we are the consul of Spain, and we yield none of our rights, constitutional or legal. Mir. ollens, Since the matter has been put to us so directly by the district attorney of the United States, we must say that we are here as consul for Spain, and except to the jurisdiction of the court. Justice Bri'ight. The complaint before the coirt is against individuals, and hitherto the court has had no legal knowledge of the fact that one of the parties accused is a consul. At no time in the previous proceedings has that objection been raised. The court would profoundly regret that it should be in any maianner instrumental in causing discord between two great nations, but the law must be respected. Mr. Reynolds appeared there by the invitation of the court, and, as a law officer of the State, to see if, in the course of the investigation, any of the laws of the State had been violated. If they had been violated, whether by asimple individual, a consul, or even a foreign minister, we have jurisdiction. I take the ground that we are sovereign States, and any individual violating our laws is answerable. Suppose the federal officers did not prosecute an offender, what would be the consequence? The consequence would be an utter contempt of our laws by the digni" taries representing foreign governments with us. Their respect for our laws would be measured by the activity or inactivity of the federal authorities. What, under such a state of thin3gs, I ask, would become of our State rights? Would they not be-a mockery? It is well settled law, that in cases of assault and battery, or breach of the peace, every individual is amenable to the laws of the State. I therefore move that the court take cognizance of this case. (Great applause outside the bar.) Justice Bri t il. Fellow-citizens, the court requests you will restrain yourselves, and show no excitement. We are a law-abiding people. This matter will be attended to. Mr. Dufoir concurred with Mr. Reynolds in his view of the law. He would accede to the proposition that a United States commissioner be called in, but with the understanding that both (Justice Bilight and the commissioner) should sit to hear the whole cas.e. He had acceded to this proposition to avoid technicalities. Mr. CoUens said the defence had objected to nothing. The proposition came from Mr. Hunton. In relation to the argument of Mr. Reynolds in favor of the jurisdiction of the court, he (Mr. C.) thought it a very singular one. Was it not preposterous to base opposition to the exception to jurisdiction on the ground that the federal authorities might not perform their duties? The defence would object to nothing. They believed the federal authorities would perform their duties faithfully, and that the court would do full justice. 1Ir. Reynolds urged upon the court to throw overboard all technicalities. If the parties accused should be sent before the First District court, said he, I will engage to find jurisdiction, or else there is no such thing as State sovereignty. Justice r Bright. The programme has been agreed upon, and we shall proceed accordingly. A3r. Preaux, as counsel for M.essrs. Eagle, Marie, and Llorente, moved that the examination of the case be posponed until the return of the schooner Mary Ellen to this port. He would present an affidavit in due time. What honest lawyer, he asked, would object to this examination being conducted fairly to the accused? lie had heard the people applaud [ 131 64 the district attorney for hdis speeeh-a speech for the prosecution-but he knew the people, though carried away for the moment by appeals to their passions, would equally applaud the counsel for the defence in standing up honestly to the cause of their clients, of whose innocence the people would yet be fully convinced. If the attorneys for the prosecution were disposed to be fair, and to grant justice, they would not oppose the motion for a continuance, vhen they saw the grounds upon which it was made. He submitted an affidavit, which he attempted to read himself, but, from nervousness, induced apparently by the fervor with which he had spoken, was unable to do so, and handed it to Mr. Foulhouze,who read it. The affidavit was made by Llorente, Marie, and Eagle, and was, in substance, that four persons (whom they named) had gone to Havana, on board the schooner Mary Ellen; that these persons were important and material witnesses for the accused; that the accused expected to prove by said witnesses their entire inhocence of the charges preferred against them, anrd that Rey had left New Orleans of his own free will and accord; that the schooner Mary Ellen reached Havana on the 19th instant,. and had to undergo a quarantine of twenty days, and that they expected said witnesses in this city at the end of twenty days from this time; that the charges made against them were by malicious persons, without just cause; and that the affidavit was not made for delay. The affidavit being read,'Mr. Preaux spoke for nearly an hour in favor of a continuance. They would show by Garcia's own testimony, which would be taken before tile American consul in Havana, that no such crime as was alleged was ever committed; that the consul and all the accused were perfectly innocent. He would pledge his personal reputation that this would be shown; that Garcia left this city of his own accord; that he is now living in HIasana, and that he has been reinstated in his former position. We will take him even beyond the jurisdiction of the Spanish government: we will put him on board an American man-of-war, and there let him make his depositioln before the American consul. We will engage that this evidence shall be produced here. It would be said that this was not legal evidence in a criminal case; but the prosecution itself had avowed its hostility to technicalities. It might be said, too, that the consul would not be tried until November, and in the mean time he would have abundant time to collect his testimony. But it should be borne in mind that the consul, until the trial, was suffering in public estimation: one side of the story had been given, public opinion was formed, and when he came to establish his innocence, perhaps it would be impossible to remove all the public prejudices. M:r. Dufour said he was a law-abiding man, and as a member of the bar it was always displeasing to him to see an advocate, whether with him or against him, throwing into a discussion the weight of his personal character, however great it might be. Such a course on the part of counsel he always deprecated, and regretted that it had been resorted to in this instance. The gentleman has been speaking of passion aroused among the people. The only place I have seen passion exhibited yet, is here, in the face and in the language of the gentleman himself. It has been insinuated that we have stirred up the passions of the people. For 60 [ 13] myself-and I believe I may also speak for my colleague-I utterly deny any such charge, We have no necessity to resort to any such illiberal and improper expedients, even if we could lower ourselves to the attempt. Nor do we, sir, throw our weight of character into the scale-we are law-abiding. I look upon it, too, that the gentleman has misapprehended the character of the applause of the district attorney for the State. The applause was not elicited from the position of that gentleman in connexion with the prosecution. It was not this that was applauded. It was his manly and noble vindication of public law and public right. Mr. Dufour argued that the affidavit was not relevant. The witnesses alleged to be material are out of the country; they are out of the jurisdiction of the court; and from the moment this is shown, your honor cannot entertain the motion. Mr. D. here cited the celebrated case of a French nobleman, accused of smuggling in England, who on his trial moved for a continuance, on the ground that his principal witness had crossed the channel, and was then in France. The court overruled the motion, because the witness was beyond its process. In this case now before your honor, continued Mr. D., the witness is out of your jurisdiction. He is out of the State, out of the United States-ay, out of the continent. He is said to be in Cuba. The parties accused are not here upon their trial; they are not called upon to show their innocence. It is they, sir, who have challenged us to show our hands; it is they who have challenged us to produce our evidence. They, I repeat, are not on trial. This is merely a preliminary investigation, and the plea of technicality therefore falls to the ground. We want an examination, to see if there is sufficient ground to send them before a superior court for trial. We are here to substantiate the charge we have made. They are not bound to defend themselves here; and when the committing magistrate has heard sufficient testimony for a commitment, he is not obligated to go further into the investigation. Let us suppose a case for the argument. One man swears before a magistrate a certain thing is black. Ten others swear it is white. Is it for you to decide whether it is right?, No, sir. This is the province of a jury. I merely make the comparison, to show this is not a trial; that this is an investigation. I do not wish to impugn the motives of counsel for the defence, but the result of a continuance is glaring, is patent. It will be to sever the chain of testimony we have to show a conspiracy for assault and battery and false imprisonment. Our witnesses may die; they may leave the city on business. We know not, sir, what may scatter them, and break the chain we now hold. Mr. Warfield said he desired to add some remarks to those which had fallen from his colleague. The only question now before the court is, have the defence presented a legal ground for a, continuance? To that question alone he would confine himself. It was apparent, on the face of the affidavit, that the witnesses whose absence was alleged as the ground for a continuance, had left thejurisdiction of the court and of the State. The law declares upon what grounds and under what circumstances courts may, in the exercise of a sound discretion, grant a continuance. He called upon the defence to cite any law, authority, or decision, to the effect that the absence of witnesses in a foreign country was a ground of continuance, either in a trial before the court and jury, or before a committing magistrate. He insisted that such was not the law. He then 6 [18 3] 66 quoted the act of March 16, 1845, which provides that in criminal prosecutions, in which the punishment to be inflicted may be death or imprisonment at hard labor in the penitentiary, witnesses may be compelled to attend the sessions of the court, from any parish of theState, upon aflidavit of what is to be proved by such witnesses. He argued that it was only in the cases specified in this statute, that the absence of witnesses out of the parish in which the court was sitting could be urged as a ground of continuance. This law, and no other law or legal authority declares that the absence of witnesses in Havana, or at the Cape of Good Hope, or in China, is a ground of continuance. If the accused were now on trial before the first district court, the affidavit discloses no sufflicient ground, and the motion for a continuance would not be seriously urged. He concurred with his colleague, that ever since the case of the French nobleman, that occurred in England many years ago, the rule was well settled that the absence of witnesses beyond the realm was no ground for a continuance, and he again called upon the defence to produce their legal authority for the position they had assumed. He would merely allude to one point in the affidavit. It is there stated that the accused had not sufficient notice of the names of the witnesses who were to appear against them. Mir. W. declared that al tthe witnesses for the prosecution had been summoned on Wednesday previous, before 10 o'clock a. m.-forty-eight hours before the examination; whereas the defence had summoned their witnesses on Thursday-the next dayand twenty-four hours after the names of the witnesses for the prosecution were known to the accused. In this particular, the prosecution had more reason to complain of the defence than the defence had of the prosecution. This was a sufficient answer to that part of the affidavit. Mr. W. concluded by insisting that.the only question for the decision of the court was the legality of the ground for continuance, which should be decided upon the law, without reference to the many extraneous matters which had been urged upon the court by the counsel for the defence. Ilfr. Preauz spoke some time to justify his exhibition of" passion." The lawyer who did not show it, he said, did not do his duty to his client. But he did not say what kind of passion it was: it was the passion of honesty and indignation-indignation at seeing the consul of a friendly power and citizens unjustly accused, and prosecuting counsel seeking to deprive them of the power of showing the truth by denying them time to produce their witnesses. His clients were entitled to the same justice, the same protection from the laws, as those of the opposing counsel. Yes; one of them, the ccnsul, was entitiled to superior protection. Mr. Warfield. May it please the court, has any motion been made for a continuance in behalf of the consul? Mr. Preaux. No, sir; but the whole case is inseparable. We are charged with an offence of which the consul is- alleged to be the head. Mr. P. again adverted to the applause of Mr. Reynolds's remarks, and made some strictures upon it. He then came to the question under consideration-the continuance. We have stated, said he, that these witnesses are on board the Mary Ellen; that they are a part of the crew; that they will be back in twenty days. Was this too long to wait? Was not the period fixed here for the appearance of the witnesses? The statute of 1845 quoted by Mr. Warfield, is not applicable to this case. It ap 67 [ 13] plies to cases in which the punishment is death or imprisonment in the penitentiary; but there is no such punishment in this case: the offence charged is assault and battery. He read the statute. Has this court, he asked, the power to place a citation in the hands of the sheriff of Cuba? Is it likely Cuba will ever be a part of this State? Is it probable it will ever be within the jurisdiction of the courts of this State? (A voice outside the bar-" A darn sight sooner than you think for, prehaps.') How, thef, does the statute apply? They say this is a mere examination, when all the public papers of to-morrow will contain reports of what is said and done here to-day. You shall know the trulh. You know, as well as I do, that this is not a case of assault and battery; this is a trial of the reputation of the consul. There is a great deal of discretionary power vested in justices in ordinary cases. This is an extraordinary case; and I ask your honor, in the name of justice, in the fname of humanity, in respect to our institutions, ill respect to our federal courts, who have jurisdiction in cases of consuls, to show respect to the laws of Congress, by which the jurisdiction is vested exclusively in the federal courts. I call upon you in tie name of every one of these, to show justice to all. Twenty days' delay is not too much to ask to prove a man's innocence. I r. Warfield said he would quote another authority, a very recent and respectable authority, to show that the motion for a continuance could not be granted. He read from Wtharton's Criminal Law of U. S.,:p. 595: "A continuance will not be granted, on affidavit, where the absent testimony is out of the process of the court. Thus it was held by Story, J., in a late case, not to be a sufficient ground for a delay of trial, that the party wishes it in order to procure papeis from a foreign country, since the court could not issue process which will be effectual in procuring such papers. I limit myself (said Mr. W.) to quoting the authority, and I ask the defence again to produce authority, sustaining their view. Mr. Collens said they were anxious that in the preliminary examination the truth should be made plain and patent. The consul wished to disabuse every mind in the community of the prejudice that now existed against him. The public mind was excited, and he did not wish to wait until the United States district court sits, in December next. He asked a short and reasonable delay, that justice might be done. It was impossible for him to have provided the presence of the witnesses now in Havana. The alleged offence was committed on the 5th of July. On that day they all started for Havana. About twenty days has since elapsed, and it is well known vessels are now detained twenty days at quarantine in Havana. Were it not for this, we should now have the necessary documents and papers to establish our innocence. Mr. C. referred to a case tried some years since, in which the party accused applied for a continuance on the ground that an important witness was in an adjoining parish. The motion was overruled, and the prisoner was tried and convicted. An appeal was taken, and the court of errors and appeals sent the case back to the lower court, and decided that the courts were not, in matters affecting the life or liberty of the citizen, to be, governed by technicalities; that the purposes of justice demanded that the circumstances of a case must be held more in view than mere law points. We wish to show that no crime has been committed-not to introduce evidence of 1:18 ] 68 palliating circumstances. This is what we want to show, and expect to show by evidence; and when the examination is through, we want our client to be discharged-to be free. Are you anxious to know the whole truth? If you are, is it not reasonable to believe that the crew of the Mary Ellen know a great deal about the matter? And now I ask, upon the same grounds, a continuance for the cinsnl. Mr. Dufour proposed to hear witnesses for the prosecution immediately, and then let the defence continue the examination whatever time they please. Mr. Preaux. We don't want that. What is done here to-day, will be published in the papers to-morrow. Mr. Dufour. We are here for a judicial investigation; not to ascertain what will be done in the streets, or what will be said in the newspapers. A long consultation was now had between Justice Bright and Commissioner Cohen, during which an affidavit made by Mr. de Espafia, substantially the same as that made by the other parties accused, was submitted. X Mlfr. Hunton said he felt constrained, by a sense of duty, to oppose the application of the counsel for a continuance. He (Mr. H.) had no feeling so far as regarded the merits of the case, but he should say that the laws of this land recognised no such distinctions between persons as was attempted to be established. The reputation, the character of one man, however humble he might be, was as dear to him, in the eyes of the law, as the reputation of another, however exalted his position. I place the reputation of the consul upon the same footing as that of the humblest citizen in the community-no more, no less. Such is the equality that peratdes our glorious institutions. This tribunal, I take it, is not to pronounce upon the guilt or innocence of the accused. The court simply says, "From the testimony before us, there is sufficient reason to send you before a higher court." After this examination, should the magistrate see proper to commit the parties, they still have the grand jury to bring their evidence before; and if that body sees probable guilt, they are yet to be tried-their guilt or innocence positively determined by twelve sworn men. Mr. H. quoted authority, showing that a committing magistrate may continue an examination from time to time, as the circumstances may require-as the testimony for either the prosecution or the defence may be produced. But what is proposed here? It is not to say we shall not hold an examination until forty or fifty witnesses are present. No, sir; examine the witnesses who are here, and, if necessary for the State or for the defence, let a reasonable delay for the appearance of the absent witnesses be granted. The proposition of Mr. Dufour is not only fair, but legal. I would remark, however, that I think it is proper the reporters should abstain from publishing the testimony until all the evidence is heard. I repeat, I have no feeling in this matter. Let us have a fair investigation. If there has been a violation of the law, I will have it punished. (Great applause outside the bar.) If the accused is innocent, let it be shown. Mr. Collens produced some authorities in favor of the continuance, and made a few remarks. Justice Bright. It is the opinion of the commissioner on the part of the United States, and my own opinion, that we should hear the evidence on the part of the prosecution. (Long continued applause, which the 69 [ 13] court vainly essayed to stop several times.) You will, therefore, proceed with the case, gentlemen. Mr. Preaux. We want the witnesses for the State separated. 1Mr. Dufour. No objection whatever. The witnesses being separated, Mr. Dufour read the following, which, by general consent, was placed on file: The State vs. Carlos de Espaina, et als.-Hon. GEORGE Y. BRIGHT, second justice of the peace, and M. M. COHEN, United States commissioner.-The counsel for the prosecution respectfilly inform the court, and hereby give notice to the defendants, that the facts and charges related in the prosecutor's affidavit constitute two distinct and separate offences, to wit: assault and battery and false imprisonment; and these are indictable and punishable offences in the State of Louisiana. That from the complexion of circumstances which have attended the violation of public law, as herein complained of, the present case is one of conspiracy for committing false imprisonment and assault which has in deed and in fact been done and effected. And that all the defendants are principals in such violation of law, save and except Carlos de Espaia, who is, and will be shown to be, an accessory before the fact. Jose Morante was then called on the stand and sworn. He was examined by Mr. Dufour for the prosecution, and Mr. Collens cross-examined him. His testimony, given in Spanish, was rendered into English by. Mr. Wanton, the interpreter. Direct examination. Where is your residence? On Frenchmen street. Have you a shop? Yes, a chocolate manufactory on St. Ann street, No. 52. Relate how you became acquainted with a certain man named Rey. Llorente spoke to me one night-requested me to let Rey come to my house. Relate everything concerning this introduction; how it happened. At my house in St. Ann street, I being in company with a man named Ayala, Llorente took me one side and asked me if I would be good enough to favor or assist a man, an unfortunate man, in difficulty. He said this Rey was at a cigar store at the corner of Gravier and St. Charles streets, and Rey was apprehensive that he was going to be poisoned. I then replied, that if Rey had committed no crime against the country, I was ready to receive him. Llorente and I then returned to where Mr. Ayala was, and the former, clapping his hand on my shoulder, said to Ayala, " Did I not tell you that we should meet with a good friend?" On what day did your introduction to Rey take place, and when did he come to the house? On the 8th June last Llorente brought Rey to my house. From that day how long did Rey remain with you? Until the 5th July. In the course of that time was Rey sick or not? Twice, while he was in my house. On the 10th June he fell sick the [13 70 first time, and between the 24th and 26th of the same month the second time. Who attended Mr. Rey while he was sick? Dr. Moll; he is my family physician. When the man was taken sick the second time, was not Dr. Moll sent for? Immediately.'When the man was taken sick the second time, did you not hurry back to the house after going for the doctor? I came back immediately, and found the man Rey vomiting and with a severe diarrho3a. Did not Rey feel apprehensive about his sickness? did he not express fears that he had been poisoned? Rey feared that he had been poisoned, and that it was the cause of his vomiting. Did Rey lodge with you from 8th June to 5th July? Y'es Did he eat with you? Every day, except when he was sick in bed. Had Rey his clothing in your house? He had no clothes in my house. Did Rey never ask you for money? Never. What sort of a hat did Rey use to wear? A small Panama hat. Did you ever see any spectacles about Rey? He wore spectacles at times; silver spectacles, apparently, with four green glasses. What took place between you and Llorente on the day Ayala left for Havana? Llorente came to my house about half-past eight, at night, the day the brig P. Soule left for Havana. Llorente said to me that Ayala had gone to the Havana, and asked Rey if he would not go on the wharf with him. Rey said, two or three times, that he would not. I then closed the door of my store. I told Rey that Ayala was going to the Havana to put a rope round his (Rey's) neck. Llorente asked me why? I answered, that a few days previous, Ayala told me that he wanted Rey to go to Havana to have him pardoned, and to be himself pardoned. Llorente said to me, that where there were three lawyers no criminal could defend himself. I said to Llorente, that where there were three lawyers there was always one who could see better or further than the others. Did you ever see Rey since the 5th of July? No. From that moment your suspicions being aroused, had you not a quarrel with Llorente next day? On the night of 6th July I called Llorente, at the Eagle Coffee-house, at the corner of Conde and St. Ann streets, to the entrance of the public square, (Place d'Armes.) I asked him where Rey was? He answered that he had been told at Mr. Fernandez's house that Rey had gone, or was going, to Vera Cruz or St. Thomas. I became angry, and told Llorente that if Ayala was here I would slap both their faces (Llorente's and Ayala's) for having taken an unknown person to my house-my 11 [131 house on Frenchmen street. Llorente, pointing to a dirk or dagger in his waist, said this was the same dirk Ayala had when, he went to my house. Llorente told me that the person whom he had taken to my house was a proper person; it was the Spanish consul; and if.l went with him to the consul the consul would satisfy me, and that the consul was much pleased with h m. Did you know the consul? Not at that time. I had seen him once when he was pointed out to me by Llorente. Cross-excainiation.-Who was it Rey said he was afraid would poison him? Rey said he was afraid they would poison him in the house where he was living. What house was that? At the cigar shop. Whose house was it? I don't know his name, but the store goes by the name of Fernandez's. It is styled the Corrina. What did he say he was afraid he would be poisoned for? On account of something that had occurred in Havana. What was that something? I cannot say precisely, but believe it was on account of his coming off with some prisoners from Havana. What were the names of the prisoners? I heard Fernandez, Villaverde, and some others, were the prisoners. One night Rey was in conversation with Machin, and then it was that I heard the names of Fernandez and Villaverde. Was Fernandez the prisoner that ran away? I do not know. Do you not know that Lernandez's brother is here? I have been told so. Was Rey not afraid he would be poisoned by these prisoners or their friends? Rey told me so. Were not Llorente and Ayala in the habit of visiting Rey at your house? They went once or twice. What was the matter with him when he was sick? The same as the second sickness. Did Rey wear those spectacles sometimes? Occasionally. Why did he wear them? In order to disguise himself. What did he want to disguise himself for? I don't know. Wasn't he afraid of being murdered-stabbed, as well as poisoned? I think he had some fears when he put them on. Did not Rey tell you, positively, he was afraid of being murdered? He did not. What did he mean by saying he was afraid of being poisoned? Leaving a house from fear of being poisoned and from fear of being stabbed are two different things. Have you not said that you had lent a pistol to Rey to defend himself? [13] 72 Yes; I lent him a pistol. Did you lend Rey the pistol to prevent him from being poisoned? No. Did Rey return you the pistol? Yes; the same afternoon he left it at my house, during my absence. Was not the pistol handed to you by the young man when you came in? Who gave it to you? He did not give it to anybody; he left it at the store. When did you find the pistol? The next morning. Did not some one point the pistol out to you? When I opened a small closet I have, I found it. Did you not ask any questions about the pistols, then? No; I made no observations. What was meant by those three lawyers you have spoken of? Explain the allegory to us. I think it meant that Llorente thought I was taking sides with Rey. Were not the three lawyers Llorente, Ayala, and yourself? I do not know; I understood that I was one myself. Have you not said, cn several occasions, that you saw Rey after the 5th July? Never. Have you not stated that Rey did not leave until the 7th? I said so, because I had been deceived as to the day he left. Did you not state that you had not seen Llorento after the departure of Rey? I said I had not seen Llorente after the 6th July. Did you not say that you had spoken to Llorente after the departure of Rey? I did not. If other persons say so, it is because they choose to say so. Had not Mr. Rey promised you some money to buy a negro for yourself? Never. Have you not said he did? No. Why did you not go to the consul? Because I had no business there. Do you know what became of the spectacles Rey wore? No, I do not. Direct examination resumed.-Did not Rey, on,the 27th, (June) tell you something about his physician? Yes. On the day Ayala left for Havana, I asked Rey, at my house, what physician that was that Llorente and Ayala had brought to my house. Rey said, "I will tell you the truth-the doctor these persons brought here was Don Carlos de Espana."'Cross-examined.-Do you know the date he told you so? No. How long was it before Rey left? Seven or eight days. It was between half-past two and three o'clock when the examination of the witness was concluded, and the court adjourned, to resume the investigation at 50o'clock this afternoon, in the United States district court room, on Royal street, near St. Louis street. Previous to the adjourns ^~73:[13] ment, Mr. Reynolds expressed a wish to know if the court still maintained its jurisdiction intact, as a State tribunal, over the whole case, After some conversation, the court answered in the affirmative. SECOND DAY, Pursuant to adjournment, the court engaged in the investigation of this case resumed the examination yesterday afternoon, at 5 o'clock, in the room of the federal court. There was some difficulty in obtaining the use of the room, and it was only granted on condition that the court should merely sit in it to adjourn to somne other place. Having obtained possession of the room, the court obtained the consent of the officers having charge of it to remain in it during the evening, and the case then wvent on. All the counsel engaged in the cause were present, together with Mir. Hunton, United States districtattorney, and Mr. Reynolds, district attorney of the State. The room was crowded, within and without the bar. In the absence of iIr. Wanton, the gentleman appointed to the office of interpreter, who we understood was indisposed, Mr. Louis Sere was sworn to interprot. Dr, Martin Mhioll sworn. I knew Rey. I visited him several times as a physician; the first time was on the 12th of June last. He was sick the second time on the 25th or 26th of the same month. This time I made two or three visits. I did not see him vomit on this occasion; he told'me he did. MAr. Collens. I object to the hearsay testimony, your honors; I object to receiving Rey's statements to the witness as testimony. Mr, Dvf/bir. Very well, sir, I have no objection, but let the rule be applied strictly to both sides; let us have no more of Mr. Rey's statements. The rule must now be absolute. M31r. Collens withdrew the objection. Bxaminaion r:esumed.lThree or four days after, Rey told me that he thought he had been poisoned. I thought the symptoms were not clear. Once when I entered Morante's house suddenly, Bey appeared to be very fearful. This was at the time of his second sickness. I saw an old white gentleman in the house of Mr. Morante. He appeared to be employed there. The other persons in the house were negroes. [Mr. Ricardo was here called by counsel for the prosecution, and was identified by the witness as the old gentlecan he had seen in Morante's house.] Rey was a man of strong constitution, of sanguine temperament, round face, much beard, brown eyes, and curly hair. His hat was a small Panama hat, of the Havana fashion. Mlr. Warfield. Did you ever observe any peculiarity in his wall? No, I did not. /'ir'. Coloiens. Ask him how many noses Rey had on his face. Court. Oh, no, no. 1Mr. Wn7arfield, addressing tire intelTreter. Ask Mr. Collens how many tongues he has in his head. The vLitness was not cross-.examined. Willian Yeoward sworn. i am employed by Mr. Joseph Fernandez who keeps a cigar store called "La Corrina," at the corner of St. Charles and Gravier streets. I knew Rey He came to New Orleans with Vin. cente Fernandez, brother of Joseph Fernandez. From the time he came T [13 ] 74 to this city he resided with me, at the expense of'oseph Fernandez. He came and took lodgings with Joseph Fernandez, I think, about the latter part of April or early in May. He remained with me until about the beginning of June. When he left me I continued to see him at intervals. He continued to frequent Mr. Fernandez's shop. I asked him several times why he had left, and he said he was afraid; everybody coming into the store, he added, pointed at him. After he left the house I continued to minister to his wants whenever he applied for it. He continued to ask for money whenever he wanted it, and it was given. On the 5th July I gave him money for the last time, in Mr. Fernandez's cigar shop. He asked for it-the amount was fifty cents, all he asked for. He took cigars whenever he chose in the store. He never took his clothing from the store. While he w-as residing with Mr. Morante he came to Mr. Fernandez's store whenever he wanted to change his clothes, and changed his clothes there. I did not know he was residing with Morante, and have learned it since by report. He never mentioned the name to me, I caused his clothing to be washed whenever they wanted it; this was always-done for account of Mr. Fernandez. His clothing is all in the store now. Rey expressed to me at one time a desire to go to Vera Cruz. In the latter part of June I took steps to secure a passage for him to go to Vera JCruz, upon his special request. He was to have gone on the 30th June, by the English steamer from Mobile. I asked the reason he did not go on the steamer, and he said he preferred going on the Titi that day week, as there was'no certainty when the steamer would arrive at Mobile, This conversation took place on the 30th of June. In this conversation he was urgent upon going to Vera Cruz; he manifested much anxiety to go. I went that morning with him to the office of John Alexander, 28 Common street, to engage a passage on the Titi, which was up for Vera Cruz. A passage was not taken at that time, because they asked me $40, and I had but $30. I afterwards asked Captain Brown if he would try and get the passage for something less than $40, as he was a friend of the captain of the Titi. Captain Brown said he would; and he told me afterwards that he had engaged the passage for $35. It was the representative of Mr. Fernandez, Mr. Luis Villate, who gave me the 130 for the passage. I returned him the money after I had been at John Alexander's. The Titi was to sail for Vera Cruz on Saturday, the 7th of July. When he was about to sail on the Titi, in a conversation he and I had, he pulled a passport out of his pocket, and asked me if it would be good for the Titi, after it was taken out for the. British steamer? I looked at it; it was signed by the Mexican consul; the name in the passport was Jiminez; I'm not sure whether the first name was Juan or Francisco. I asked him how it came that his passport was in that name, as I had always understood his name was Rev. He told me he was afraid that if he gave his own name a passport would not be given him. I have known a person named Ayala. I never saw him and Key together. I have seen Ayala, on one or two occasions, with a knife or dirk by his side, with a netted sheath. Cross examination.-Rey left a cloth coat, some three or four shirts, and two or three pairs of trousers, at the store. Rey's christian name was Francisco. I never heard that he had any other name. I never heard Fernandez call him Garcia. I do not know when the Titi sailed. When Brown came to me and said he had engaged a passage on the TitiS I T7 [ 13 did not pay the money, because 1I had been. waiting for Rey all the morning and he had not come. It was on the Monday following Saturday, the 30th June, I spoke to Captain Brown in relation to the passage. I did not see captain Brown again before the 6th of July in relation to the passage. I have seen Rey write two or three times; I have never seen him write his name. I am not sffiiciendy acquainted with his handwriting to swear to it. I have not written a letter stating that Captain Brown had informed me on the 5th of July that' Rey had gone on the Mary Ellen. I did write a letter on the 6th, stating that Captain Brown informed me that Rey had been sent to Havana. Captain Browne came to the store on the 6th. He then told me that Rey had been sent away by the Spanish consul, and it was this that I stated in my letter. The letter was written to Mr. Phillip Roca, formerly a partner of Mr. Joseph Fernandez. Luis Villate, witness for prosecution, says that he was agent for Mr. Joseph Fernandez during his absence in New York. Joseph Fernandez left this city for New York on the 29th June. He gave Mr. Yeoward money to pay Mr. Rey's passage, at the request of Mr. Joseph Fernandez. How much did you give? Thirty dollars, at the request of Mr. Joseph Fernandez. Do you recollect the day you gave the money? It was between the 29th June and 5th July. Did Mr. Fernandez say for what place Mir. Rey was to sail? Yes, for Vera Cruz. Is Mr. Joseph Fernandez now in New Orleans? lie is. He came back last week. Why did he hurry back to New Orleans? I don't know. Didn't you see the Spanish consul some time in the beginning of this month? did, but do not recollect the day. At this point of the examination a gentleman entered the court, inside the bar. As hl advanced towards the bench there was much whispering and a profound sensation among the audience. The intelligence spreading that it was Captain McConnell, master of the schooner Mary Ellen, in which Rey was taken to Havana, there were subdued expressionts of surprise and indignation from many of the spectators. Captain McConnell immediately communicated with the Spanish consul and the several counsel for tie accused, and thereupon Mr. Preaux and Mr. Collens arose simultaneously and announced to the court the presence of Captain McConnell, ready to surrender himself, and to furnish the necessary bond. T'he Captain then took his seat beside the other parties accused, and the examination was proceeded with. Elxamination resumed.-Question to M:r. Villate: Did the consul in his conversation with you speak about Rey? He did. What did he say? He said that Rey told him (the Spanish consul) that he (Rey) had written a letter to Havana. This is all i remember. 2ir. Dqfbur here asked to put a leading question, in consequence of the defective memory of the witness, which was objected to by defence, and led to a discussion upon this most absurd of all the absurdities of the [ 1 ] 76 law, which discussion ended just where it commenced-the court deciding in favor of aiding the witness's memory, to a certain extent. Villate then proceeded to say that he knew that Rey was going to Vera Cruz, because Fernandez told him so, and that he had his passpoxt. W. S. Brovwn was then called and examined for thie defence. Ie said that he was a ship-broker; that Yeoward requested him to procure a passage to Vera Cruz for a man. Witness spoke to the captain of the brig Titi, and reported to Yeoward that he could get a passage for $30 or $35. This was on the 3d July. I-e never infarmed IMr. Yeoward that Rey intended to go to Havana, and. has no recollection of speaking to Mr. Yeoward, on 6th July, about the abduction of any man, or at any other time, until this affair became public, by being talked of, which was several days before it was refered to in the papers. (This witness's recollection did not seem to be very clear as to dates, and his testimony was very unsatisfactory.) James r'rescasez was then sworn for-the prosecution and examined. He has been connected with the police of First MIunicipality for ten or twelve years, as day policeman; he is now an inspector in custom-house, appointed by Mr. Peters. He recognises the Spanish consul in court; had a conversation with the Spanish consul on 2d June; was sent for by the consul; went to his house, corner of St. Louis and Burgundy streets I went in; the consul me t me in his ofice, and look me u, p stairs into his (the consul's) private office; he then told me to sit down, and then infbrmed me there was now in this city a man of the lname of Rey, who was one (of the keepers of the prison in Havana; that two persons were arrested in Havana, and ikept in prison; that Rey was offered $12,000 to.let them escape from prisoni. whiich he was to receive when he arrived in.let themiai escape from prison 1.C, New Orleans; and that he aided in their escape, came to New Orleans, and was left here writhout getting a cent. The consul then said, that if I would undertake to arrest this man, and bring him on board of a vessel going to -Havana, he (the consul) would pay me well. Hie did not state the amount, Was there any person present but trhe consul and you? IN o. ('ross-e.ixamied o de. fee.- here is this private office? In the second story, frionting the street.:Mow do you get to i;? Through a corridor. You go up stairs and enter a door on the left hand. I can't say whether the corridor runs past the door I entered or lnot. I do not rememnber it distinctly. Was there a bed in the rooam? There was not when I as there. Whtat was in there? Tehere was urmiture —carpet on the floor. The consul was sitting at a round table. lDid not e any desk there. Who went for you? iVr. F. Seixschney dre. Who was in the first office, down stairs? A gentlem an, who was writing; the secretary of the consul, I believe.'What sort of a table was in the private office? The table on which the books were, was a small round table, What answer did you give to the consul? I did not give him any answer. 77 [ I 3] Have you conversed with any persons about the testimony you were to give? Yes; I have mentioned it to several. I spoke to Captain Youennes and oficer MCGovern, and several other persons; also to Mr. M. Blasco. Did you ever say you had been offered 1500? I said I thought the consul would give 0500, at the least, from the conversation with him. Haven't you said you were ofered a thousand dollars? I have not. The counsel for the accused wished witness to sign his tstimony. Witness was perfectly willing to do so. Re-exainzedfor prosecution.- It was the first time I was ever in the consul's private room. It was in the forenoon. ross-ex~anzeda.I only conversed once with the consul about the matter. Captain Swiler, being sworn, says he is the harbor-master of the First Municipality. Recognises Captain McConnell in court. He commanded the schooner Mary Ellen. The Mary Ellen left the First Municipality on 5th July, and went into the Third to make up her tow. I don't know when she left for Havana. Don't you recollect having a conversation with Captain McConnell on the 5th July? Yes; it was about hauling his schooner. I remarked it was blowing fresh from the eastward —if he did not haul oaut then, he might not be able to get his vessel out for some time. He said he must haul out imnmediately. Did he not mahke some more lpointed remark? No, not to me; he:had a conversation with the deputy harbor-master, in which I unlderstood he did. Didn't you know at that time that he had been cleared for two days? Yes; he cleared on the 3d July. Bernardo Vincence sworn. Do you recognise the Spanish consul in court? I do. [VWitness pointed him out.] Do you recognise Henry ]iMarie? I do. [Witness identified him.] I know him well. [Laughter.] Have your ever seen them together? and if so, state under what circunstances. On the night of the 2d or 3d'of this month, I saw them together about half past 10 o'clock. I was standing at the time in the gate of the Place d'Armes, facing the cathedral, under the lamp, with the other gentlemen -CaDtain Delvaille and 2fr. G Corgiani, a fruit merchant. T'he consul and Marie came towards us from the direction of St. Ann street, and passed down Royal st'eet. They were walking arm-in-arm, and passed within a few inches of us. As they passed, one of the company observed, " See the Spanish, consul walking with Marie 1" Do you know Moryante's shop?' Yes; it is on St. Ann street. Do you know whether they came from the direction of the shop? I don't know whether they came from the direction of the, Levee or from that of Morante's shop. Did you ever see them together on any other occasion? Never. [ ] 3 78 Cross-ee.amination. Are you certain it was exactly half-past ten when you saw them pass? I am not sure as to the exact time; it may have been a quarter of an hour more or less; but that was about the time. Mbfr. Preauzz with a red bandana handkerchief tied round his head. which gave the learned and able advocate very much the appearance of a wounded brigand, said the prosecution was now examining witnesses iln regard to the connexion of Marie with the matter. Ie (Mr. P.) had been indisposed all the evening, and with great difficulty he was able to remain. Marie was his client, and he (Mr. P.) was utterly unable to cross-examine witnesses. He therefore prayed the court to adjourn to Monday. It was. half-past eight o'clock; and the court had been in session three hours, in a crowded room, and the night intensely warm. Mr. Dufour. Let the examination go on, and I will promise that no witness whose testimony bears upon Marie shall be called. M1ir. Preazz. But there are three others of the prisoners my clients. I cannot see why the gentleman opposes my motion, unles his opposition proceeds from the spirit he has displayed all along, of throwing obstacles in the way of the defence. The gentleman is pushing the matter to an extreme. Mir. Dufour. It seems singular that the gentleman cannot rise to speak on any subject without smuggling in personalities. There is no one more willing than myself to extend professional courtesies; but what do I see here? A motion is made to adjourn by one of the counsel for the defence, because he is indisposed, and cannot cross-examine. Now, that gentleman has not etyet put a single interrogatory to any of the witnesses. There are two others of counsel, Messrs. Foulhouze and Collens; and the cross-examirnation of the witnesses) in every instance, has been made by Mr. Collens. Neither of the other gentlemen has asked the witnesses a single question. The course of counsel would indicate a desire to procrastinate, and I T ould submit to your honor that some consideration is due to the witnesses who have been subpmnaed here, and who are losing their time. I think your honor will see there is no good reason to adjourn yet. MIr. Cotllens said, although he hadl questioned the witnesses tlroughout, nevertheless the questions were not all his own. They were frequently suggested to him by his colleagues, and their presence wao necessary to assist him. Messrs. Preaux and Foulhouze both verified the statement of Mr. Collens, that he put questions to the witnesses upon their suggestion, and they further informed the court that it was to their knowledge Mr. Preaux was unwell the whole evening. Justice Brigh/t. The court is disposed to grant all reasonable indulgence to counsel, but at the same time we must bear in mind that there are witnesses here who have been dancing attendance on the court the last two days, and some consideration is likewise due to therm. They need repose as well as counsel, and we will hear the testimony of the witnesses present. (Applause, which the court found it impossible to suppress.) Mr. Dabalstein sworn. I am Mexican vice-consul. Don Carlos de Espaiia called upon me some time ago, in the month of May, and gave me two names-Garcia and Fernandez-requesting me to inform him when the' parties called to ask for passports. I believe there is such a 79 [13] name as Jiminez (I don't recollect the first name) on thle books as having obtained a passport for Vera Cruz. The passport was given about the end of June. The party was to go to Vera Cruz by the brig Tili. I can't say positively whether it was the brig Titi or the British steamer; I can tell by reference to my books. The Spanish consul did not explain why he wished to knoxw when those parties applied for passports. The cross-examination was deferred to AMonday, when the witness was ordered to bring his book into court. Jos6 Villarubia sworn. I know Mr. Morante; I often go to his shop, almost every day, in the morning and in the afternoon. 1 was there on the evening of the 5th July, with the clerk, Antonio Ricardo. IMorante was not present. Rey was not there; he was inside in the back room. I did not see him, and could not tell what he was doing. While I was in the shop, Llorente and Rey went to take a walk. This was between half past 6 and 7 o'clock. (Witness identified Llorente in court.) When Llorente stood up,'" know him well" said the witness. (Laughter.) WThen Rey went out with Llorente he wore a small, low, Panama hat. I left the shop at 9 o'clock-gun-fire. Rey had not returned when I left. The shop was closed as I left; it is generally closed at that hour. Rey and Llorente went towards Royal street; that was the first direction they took. Rey seemed to go voluntarily; I saw nothing to the contrary. A few days before this occurrence, I had a discussion with Llorente about his telling me that he could send rascals tied up (hombres picarros) to Havana. I replied that he was not a man to do it; that neither he nor the governor of Louisiana could do it. Cross'-examiiation. —The discussion arose upon a man snatching a paper from the hands of Mr. Rey in the shop of Mr. ~Morante. The paper was La Patria. The discussion took place on Sunday, eight or ten days before Key's disappearance. Rey went out with Llorente on the 5th of the month. I remember the date, because the next day, notfinding him, we hunted for him. It was now a quarter past nine, and Mr. Warfield moved to adjourn to Monday, at 5 o'clock p. m., at the office of the second justice of the peace, on Common street. After some conversation in relation to the time that would probably be consumed in the investigation, the court acquiesced in the motion, without objection on the part of the defence. In the course of the conversation, Justice Bright said he would examine his docket on Monday; and as soon as the cases now on it could be disposed of, he would devote two or three whole days to the investigation, if that ntlmber was necessary. Hie thought he could dispose of his docket in a day or two. Mr. Dufour:said if one entire day was devoted to the matter, he thought that would be sufficient time to hear the witnesses for the prosecution. THIRD DAY. The investigation of this case was resumed at five o'clock last evening, in the court room of the second justice of the peace. Both Justice Bright and United States Commissioner Cohen were present, as were also Messrs. Collens, Foulhouze, Preaux, and 3. C. Larue, for the defence; Messrs. Cyprien Dufour and P. S. Warfield, for the prosecution; Mr. Logan Hunton, United States district attorney, and M'r. M. M. Reynolds, district [ II ] 1o attorney for the State. The room, notwithstanding the intense heat of the weather, was again densely crowded. Mlr. Dabalstein, Mexican vice consul, recalled, said as follows: On the 20th June last I gave a passport for one Jiminez to go to. Vera Cruz. It was per the British steamer. The witness, it will be remembered, in his testimony on Saturday, did not recollect whether the passport was for the person to go by the British steamer or the brig Titi. He since refreshed his memory by referring to his book. Did you or not, when the Spanish consul asked you to let him know whether the parties asked for passports, did you not feel authorized to ask the reasons? I did not; the Spanish consul assigned no reasons. By Mr. Hunton. Do you know any other facts connected with the alleged abduction of Rey. I do not. Cross-exaos ined.-1-i never gave a passport to Vicente Fernandez. I do not know him. I do not recollect the man who.took the passport in the name of Jiminez. Jiminez presented himself as a Spanish subject. The regulations between the Spanish and Mexican governments do not require Spanish subjects, going to Mexico, to have passports from the Spanish consul. The passport of the Mexican consul only is required. The names mentioned to me by the Spanish consul were Vicente Fernandez and Juan Garcia. J..,eixschneydre sworn for prosecution. I am first lieutenant of the police of the First Municipality. I know —the Spanish consul. It was either at the latter end of May, or beginning of June, as far as my memory serves me, I was playing a game of dominos with two or three of my friends, at the coffee-house of Mr. Quadras, at the corner of St. Peter and Chartres streets, when Mr. Quadras stepped up to me, and asked where Mr. Trescasez was. I told himI did not know where Mlvr. Trescasez was; that he was a night inspector of the customs. While we were talking together, the Spanish consul came up to the table where we were, and addressed the same question to me, in the presence of Mr. Quadras. I gave him the same answer. He then asked me if I would have the kindness to tell Mr. Trescasez that he wanted to see him. The next morning I met Mr. Trescasez, and told him of it. I did not see Mr. Trescasez for two or three days after I told him. He told me then he had seen the consul. He did not tell me wihat had happened between him and the consul. I have, in my capacity as an officer of the police, been intrusted with a warrant against Llorente, one of the accused. it was dated the 21st of this month. I arrested Llorente on the 25th, at 9 o'clock in the morning. [Witness pointed out Llorente in court.] From the moment I got the warrant until I made the arrest, I made diligent search. arrested him in the house of Puig, Mir, & (o.-I think at No. 83, St. Louis street, between Bourbon and Royal. I went to that house from receiving information he was there; don't know the man who gave me the information. He said he saw Mr. Preaux going in there; that was the principal cause of my suspicion. r. Preaux. Write that down! Mr. Grillier was with me when I made the arrest. After Marie had 81 [ 1 ] been arrested-I do not know precisely how long after. I heard him, under the municipal hall, say he did not know even the Spanish consul. Cross-examined.-I do not know the gentleman who told me where Llorente was. I never saw him before. I do not know his name. It is not to my knowledge that Mr. Preaux's office is next door to Puig, Mir, & Co. I do not remember seeing Mr. Preaux seated at that house (next door to Puig, Mir, & Co.) at a late hour of the night. I had no conversation, the night before the arrest, with Mr. Berniaud, the broker. When I went to make the arrest I did not speak to anybody. I went in the alley-way. It was the morning before the arrest. I got the information from the man. I could point out that man if I was to see him again. I believe that was the first time I spoke to the man. I suppose somebody sent the man to me. 1 did not ask him who sent him to me. Commissioner Cohen here objected to the witness being constantly interrogated upon matters of which he knew nothing. (The cross-examination of this witness was made by Mr. Preaux.) Joseph Grillier sworn. I am a police officer of the First Municipality; I executed a warrant against Llorente in the house of Puig, Mir, & Co.; I arrested him up stairs in the garret. Cross-examination. I went to the garret by a stairs; it was a bed room; the roof was flat; I was not told, on going there, that Llorente was in the house. I went first to the clerk, and asked where Mr. Puig was; he said he was not in. In a short time Mr. Puig came in, and I showed him the warrant for the arrest of Llorente, in his house; he called a boy, and told him to show me where Llorente was. Direct examination resumed.-I did not know where Llorente lived; I was told by somebody that he lived-(objected to by defence); I did not go to his house to serve the warrant. By the Court. When you went to the house, did you ask if Llorente was there, or did they tell you? The clerk said he knew nothing about it; he invited me to take a seat until Mr. Puig came in. Joseph Valdor sworn. I am an American; I have been in Havana; I recognise the Spanish consul in court; I know him transiently, not intimately. Had you not, some time ago, a conversation with the Spanish consul in relation to Fernandez, Villaverde, and Rey? I have never head him mention the name of any of them. I think he might have mentioned, in a casual conversation I had with him in the street, the subject of their arrival here, to me. I think he did. I have not been consulted by the Spanish consul in regard to his power to get those men back to Havana. I recollect, in connexion with this case, having a conversation with you, (Mr. Dufour,) in the presence of another gentleman, on this subject. Please repeat the statement you gave me. Well sir, (sharply,) 1 don't recollect the conversation; I don't know what I said. IM. Larue objected to the witness being interrogated further on this point. The conversation, he said, was not relevant to the case, and if it was to impeach the witnesses' evidence, it was in violation of a plain rule of evidence. After some debate, the witness was instructed to answer the question. 8 [ 1 ] s82 The consul, from that day to the present, has had no conversation with me on the subject. Did not the consul, at that time, say something about his willingness to send these parties back to Havana? There was not. Mr. Warfield. Was there any conversation on that subject-matter at all-taking them back, sending them back, or arresting them? No. What did you say to the consul? The conversation, I think, came from my side; the consul never insinuated anything about it-but I think the name of a jailor was mentioned. Cannot you be more precise? How can I recollect a conversation that took place three or four months ago? What did you say? I asked the consul about the arrival of those parties; I mentioned the name of a jailor. Mr. Hunton. Did he say anything? He said he had heard of their arrival. LM. Hunton. Did he say anything else? Witness shook his head. Mr. Drfour. Did you not state to me a few days ago, in the presence of two other gentlemen, that you was consulted by the Spanish consul in regard to sending those parties back? No. MA. Dufour. Set that down. Mr. Larue objected to this being taken as testimony, and Commissioner Cohen intimated that the objection ought to be sustained. Mlr. Dufour read, from Philips on Evidence, a case directly in point, showing that a party may show a witness has made statements in the streets directly contradicting his testimony, when such witness is summoned on the trial. AiLr. Larue said this was the only case of the kind in all the books; that it was in contradiction of the whole tenor of the law of evidence. The gentleman would not have the presumption to take such ground in any of the higher courts or any other court but this; but I suppose he thinks now, as he has through this investigation, that he can impose any absurdity on this court he pleases. Comm issioner Cohen. I wish counsel to know that Mr. Dufour has manifested no disrespect to the court. iMri. Dizffr. I wish the gentleman would not speak for me hencefortl. I warn him not to speak for me. I have never shown disrespect for any court, and the gentleman is attributing to me a course of conduct which he has a fancy fbr himself. He would force his own views of the character of this tribunal on me. I prefer my own judgment in such matters to his. Mr. Larre indulged in a tirade, declaring that the prosecution was a humbug; that the public had been nauseated with trumped-up stories, satiated with the trash palmed off upon them, &c., &c., &c. [Hear there was some confulsion and laughter among the audience.] Mr. Larue. He laughs best who laughs last. Mr. Wsarfield, (addressing Mr. Larue.) Perhaps you had better reserve 83 [ 13 your talk about a humbug" until you have got through with the case. [Laughter and confusion.] Justice Bright said he hoped counsel would preserve their equanimity, and imitate the patience and good humor of the audience. M1r. Larue. Mr. Warfield is a gentleman; (the rest was inaudible.) Mr. Warfield, (addressing the court and looking at Mr. Larue.) I have sometimes the misfortune to imitate a bad example. On motion of Mr. Warfield, it was agreed that the point as to the right of the prosecution impeaching its own witness would be discussed hereafter fully, and the court would give its decision. Adolphe Blajam sworn. I know Llorente; he is in court; I knew Mr. Rey. On the 5th July last, in going into Victor's restaurat (near the Place d'Armes) in company with a person now absent from the city, between five and halfpast five o'clock in the evening, I saw fronting the street Mr. Rey, and seated opposite him at the same table, Mr. Llorente. In entering the restaurat, I could not see whether Llorente was eating, because his back was towards me; Rey, the jailor, was eating. On leaving the restaurat after having taken ofrr dinner, we left Llorente and Rey in the restaurat. There was nothing remarkable in their appearance. It is true that I remarked I was astonished to see Rey there in the restaurat; it was the first time I had seen him there. I was astonished because I knew he used to dine always at an adjoining restaurat, where Fernandez's employees used to bring him. I have resided in Havana some time; I knew Rey there. When Vicente Fernandez was arrested in Havana, I used to go and see him at the jail. During that time Rey was not jailor; he was turnkey. I knew Vicente Fernandez in this city; I saw him here; I cannot say how long since he escaped; I know he was ten months in jail before he escaped; he came to New Orleans with Mr. Rey. From what I heard froio Mr. Rey and from Mr. Vicente Fernandez, there was another prisoner who was a political prisoner, who escaped then; his name was Cirolo Villaverde. I was not in Havana when Villaverde was put in jail, and do' not know for what he was imprisoned; Rey told me - (objected to by Mr. Larue, and answer waived.) I know the Spanish consul well. Vicente Fernandez sailed from this place for Vera Cruz, in Mexico. Why did Mr. Fernandez leave'this place for Vera Cruz-for what cause? [Objection raised to the question and sustained by Mr. Commissioner Cohen.] M/[r. Hun'on urged that the prisoners were not on trial and from the nature of the case, there should be a fuller latitude given. The object of the question, as I understand it, is to ascertain if Fernandez did not leave here because he w'as afraid the consul would arrest him. This is an important fact. We want a full and thorough investigation; we want to have all the facts. I don'tknow whether this matter is a humbug or not; I am here to see what it is. Mir. Larue made a long speech in support of the objection, in which he repeated some of his former declarations, that the prosecution was a humbug, &c. The court decided that the question might be answered. The witness then answered the question as follows: Fernandez said he wanted tgo to tera Cruz on business. [13] 84 Do you know in what name he took out his passport? No; I did not see it. In May last, the Spanish consul came to the house Where I lived, and asked for me; he was answered that I was out; he asked the person to whom he spoke to request me to call at his (the consul's) house, as he wished to speak to me, the next day. I went there accordingly the next day. The consul, knowing Ilwas intimate with Fernandez, having seen him at my house, told me that as I was an intimate friend of Fernandez, to tell him not to go to Mexico, as a treaty providing for the extradition of prisoners existed between Spain and Mexico, and he could be arrested there and sent back. I thanked the consul for his kindness to my friend. [Laughter.] From what the consul told me, I cautioned Fernandez not to go to Vera Cruz, supposing it was true that a treaty for extradition existed. It was on account of the public rumor in the city, Fernandez hastened his departure to Vera Cruz, The rumor was that he was going to be sent away by the consul. Cross-examination. —I have never been a prisoner except once in Havana, when I was imprisoned five days for debt. Fernandez was imprisoned for a commercial transaction. It was for fraudulent bankruptcy, although the commercial court decided by his books that his assets exceeded his liabilities. He was put in jail because one of the firm of the house of Blanco & Co. had charged him with disposing of a portion of the property of the firm, and did not account for it. He did not run away because of the accusation against him, but because he was in jail. Mr. Trescasez recalled. In your testimony, on Saturday, in relation to the conversation with the Spanish consul, you said you made no reply to his proposition to arrest Rey. Did you not make a suggestion to him? Yes; I told him if he wanted the man sent back to Havana, the proper course would be to go before a magistrate, make an affidavit, have a warrant issued, and have him taken out of the country legally. He said, in reply, there was no treaty between the two countries for the extradition of prisoners, and he could not do it in that way. Mr. Dufour. I have done with the witness. Do you wish the witness to sign his name to that testimony, gentlemen? lr. Collens. No; ie has signed enough. John Orton sworn. I am an engineer. On the evening of the 5th of Julyy I was walking down the levee about eight o'clock. 1 saw the schooner Mary Ellen alongside the wharf. I knew the mate and captain many years, and went to see them off. I stayed there several minutes. During that time the captain of the tow-boat asked the captain (McConnell) if he was ready. Captain McConnell replied he wouldbe ready in a few minutes. HIe told the mate to get ready and stand by the lines. With that, I bid them good night. With that, the mate went forward; with that, Captain McConnell and I went on the wharf together.'Whether Mr. John C. Smith, the shipping-master, went on the wharf or not, I don'tknow; but I saw him. The cook and one of Smith's clerks were on the wharf. Smith took a little rope and made believe he was going to whip the cook for not coming on board. Captain McConnell said,'Smith, don't hurt him." Smith and I then turned to leave. As I turned round I saw four men carrying a man; two had hold of his legs, an:d two more his arms. One of them had his hat (the man's they were carrying) in his hand. One of them shouted out, "Captain McConnell, here is your steward."' The captain made no answer. The xian shouted out again, 85 [ 13 ]' Captain, here is your steward." Another shouted, "Here is a passenger." The captain then said, "Take him down in the cabin, and be careful you don't hurt him." What sort of a hat was it? I should judge it was a Panama; it was white, or I could not have seen it. The man they were carrying had spectacles. Captain McConnell did not assist in carrying the man on board. He merely told the men to be careful not to hurt him, and put him in the cabin. The captain continued attending to his business. One of the men, who was with the four men) and was acting as shipping-master, said, " See what strange business we have, putting drunken sailors and stewards on board after they have got their money." Can you point out that man in court? The witness stood up, and looking around some time, at last fixed his eye upon one of the prisoners. "That is the man," said the witness, pointing to Henry Marie, one of the prisoners. I thought it very strange to see the man I had known for many years, and had never seen him anywhere but in coffee-houses, at balls, and at courts, acting as shipping-master, while the shipping-master and his clerk were standing by, saying nothing. The vessel was cast off immediately -after the man was taken on board. Did the man look like a steward? He looked anything but like a steward. [Laughter.] What sort of a coat had he on? He had on a black or dark dress coat. I should not have paid so much attention to him had he been shipped by a boarding-house man, or a shipping-master,'TShe vessel laid opposite the steam levee press, the first press below the railroad. The tow-boat alongside the schooner was the De Soto. By Commissioner Cohen. Have you ever seen that man who made the observation,'see what trouble we have with drunken sailors," acting as shipping-master? Never. I have never seen him anywhere but about police-courts, and where decent men ought not to be. Cross-examination.-I was about ten feet from him when he made the remark. Captain McConnell was about eight feet from me. I was about twelve feet from the vessel. The night was pretty dark. I saw them lift the man across the railing into the schooner. The quarter-deck was above the wharf, I'm not sure whether he was put over aft the main rigging, but I think he was. I did not see him after he was taken on board. There were several persons on the levee, but the only ones I recognised were Captain McConnell. Mr. Smith, and the others I have mentioned. The man appeared to be perfectly dead. He was cramped up, and I could not tell what bulk he was, or what his size. When I was going down the levee, I heard a bell ring; I did not know from what tow that was, but as I came near the Mary Ellen I heard the De Soto's bell ring. Mr. Larue. The night was so dark, how did you come to observe his spectacles? Because I looked so (stooping) into his face, and I saw them; and that's the reason the man (Marie) made the remark to me, I believe. [Laughter.] Justice Bright. Did the man you have pointed out here in court (Matie) have his hand on the man? [13] 86 No, sir; he had a stick in his hand, walking alongside of them. He came up with them. They were all together. It was when I stooped over to look at the man he observed me doing so, and said what I have related. It was when he nmade the observation, I looked in his face and recognised him. Charles Rogers sworn. Please state what occurred on the evening of the 5th July. I was met by somebody and told to go to the coffee-house and wait. That was the last coffee-house this side the lower cotton press. By whom were you employed at that job? By Mr. Eagle. [Witness identified him in court.] What sort of job was that-what sort of business? I was to wait at the coffee-house until a big stout man and a short man came, with another small man. Something was said about the small one being the man, but I didn't believe it) as I didn't think that was the sort of man. So Mr. Eagle came across to me and said that was the man. What sort of a man was the man pointed out to you? He was a slender man, a little pale, with a small Panama hat and spectacles on. What sort of spectacles? That I don't know. By what name did they call him? I did not hear. Point out the men. [Witness pointed out Marie] —I know him. [Llorente was brought forward]-He looks very much like the other man. What countryman was the man with the spectacles? I don't know. What language did he speak? He did not speak at all. Who treated him in that coffee-house? I did not take that much notice; but they all drank together. What occurred then? One of the small gentlemen walked out the lower door-that is the man I take to be Llorente; and the other two walked out another door. The man who walked out the lower door (Llorente) walked towards the lower cotton press. The two others went about ten steps further up, and crossed on to the levee. Mr. Wm. Eagle stood on the levee. He called me and the other man who was employed. Two of them took hold of him, and took him towards the wood-work of the levee, and Marie touched me on the back with a stick, and told me to go'on, he knew all about it. Did you catch hold of him on the banquette? I did not catch hold of him until he was falling, when they had hold of a leg and arm. Did he or did he not resist? Not at all. Did he say anything? He never spoke a word, sir. Did he appear to be drunk? No, sir; he stood mighty straight if he was drunk. Who are the men who had hold of him? Wmn. Eagle and a man named John, who has gone to California, 87 [13] Who was the fourth mn? Was it the man who was brought up here a moment ago, (Lorente?) No; he had walked down to the press. Commissioner Cohen. How did he fall? You say he was not drunk. Because they were lifting him off the ground, and the lift was sudden. He lost his hat. I picked it up and held it in my left hand, while I helped to carry him with my other hand, which I put under his shoulder. Where did you put him? On board the schooner Mary Ellen, one wharf above the coffee-house. What did the captain say when you brought him there? Said, put him down in the cabin. You mean Captain McConnell; do you recognise him in court? Yes, sir. How long after did the schooner leave the wharf? I don't believe it was more than half a minute. What hour was that? I can't say exactly; it was between eight and ten in the night, State when you was employed for this business. About half an hour before dark that day, by Mr. Eagle. What did he tell you about the business he had to do? He said it was a stubborn man, (one of the crew, I supposed,) and he wanted nle to help to put him on board. He said it was a man who he supposed might be stubborn, or unwilling to go onboard. How much was you paid for that? I was paid six dollars the next day by Mr. Eagle. Did Mr. Eagle tell you for whose account he was doing this? He told me a man met him on the levee, and asked him if he did not want to make a little money. He did not tell me how much he got himself. How long had you been posted at that coffee-house, waiting for these men? I suppose we (the man John and myself) sat outside the coffee-house about three-quarters of an hour, waiting. Mr. Eagle was standing on the levee, waiting. Where did you let go of the man? Right at the rail of the vessel. What became of him then? Mr. Eagle and this man John passed him down into the cabin. Did they return immediately to the wharf? Yes, sir; and they had to jump pretty quick, too, because they (the crew) let go the fasts of the vessel, and she swung off. Did you remain on the wharf while they went down into the cabin? Yes. Before these three men came, had not Mr. Eagle described Marie, the stout man? He told me the man we were to put on board would come in company with the stout man; and when he came I recognised him as Marie. What made you suppose it couldn't be the man you was to take on board? Because he was not dressed like a sailor. He wore good clothes and spectacles. [ 13] 88 Since this case has commenced, have you not received offers not to come up as a witness? Yes, sir. Who made the offer, sir? Mr. Marie and Mr. Eagle. How much was offered? They told me I could make $300 or $400. From whom was the money to be got? They did not say. Were Mr. Marie and Mr. Eagle together when they made the offer? No, sir, they were not; each made the offer separately, at different places and different times. Do you recollect who first made the offer? Mr. Eagle. Can you recollect the substance of what Mr. Eagle said to you in making the offer? He told me there were some people up town who told him to see me, and get me to say something in their favor; they would give me two or three hundred dollars, and he would see I got the money. Is that all? He wanted me to sign a piece of paper to satisfy the gentlemen that he had paid me the money. Can you recollect the substance of what Mr. Marie said? I met him at the Place d'Armes, with 4 young man I was in company with. He walked down as far as Ursuline street. He then called me aside-I suppose because he did not want the young man to hear-and told me we could all make three or four hundred dollars apiece. Did you ever understand from either of them (Mr. Marie or Mr. Eagle) who was to pay the money, or from whom it was to come? No, sir. Mr. Dufour. The witness is yours, gentlemen. Mr. Larue. We have no questions to ask. Justice Bright. You say the man was not drunk: why, then, did he need carrying? I suppose, sir, because he was not willing to walk. Did he appear sick? No, sir. Did he struggle at all? No, sir. Did he appear to help himself-to use that phrase? No, sir. What appeared to you to be the matter with the man? Well, sir, I couldn't tell; he walked over the levee as nice as any man. Did any person speak to him while they were carrying him? No, sir, nobody spoke. When you carried him to the railing? Nobody spoke but the captain and Mr. Smith, the shipping agent. When you were about turning him over the railing, did he appear to try to help himself? No, sir, there were persons there ready to carry him. Like a bag of clothes? Yes, sir. 89 [13] Cornmssnioner Cohen. Was he gagged? No, sir. Was he weak? He was a small man. How long from the time they lifted him up did it take to carry him on board? Not more than a few minutes. What kind of hat was his? It was a small, narrow brim, Panama hat. Justice Bright. Did you form any opinion as to what countryman he was? No, sir, I only had one glimpse at his face. That was in the coffeehouse. Was he a white man? Yes, sir. Was his countenance pale, or flush? I can't tell, sir. Mr. Warfield. After the vessel shoved off, was anything said by Marie, Eagle, or any of the others, then? I spoke to Mr. Eagle and asked him if he was going up. He said no, and asked me if I wanted any money. I told him no-I would call at his house in the morning; and upon that they walked down towards the lower cotton press. Did you believe at the time, or do you believe now, this man was one of the crew of the vessel? No, sir, I do not. The court then adjourned to meet again this evening at five o'clock. FOURTH DAY. At five o'clock last evening, Justice Bright and U. S. Commissioner Cohen took their seats to resume the investigation of this case. All of the counsel, both of the prosecution and defence, were present, and the district attorneys of the United States and State. Public interest in the case has been on the increase day by day, as the evidence has been developing itself, and the crowd that throngs the court was as large as ever last evening. Mr. St. Germain sworn. You are employed at Lavalette's countinghouse, on Common street, are you not? I am, sir. State to the court what has passed between you and Captain McConnell, or in your presence at the counting-room, in relation to 200 doubloons. Well, I left 200 doubloons on board the Mary Ellen. The mate signed the bill of lading for the doubloons on the 3d July, the day they were put on board. They were consigned to a house in Havana. When I came back to the store, the captain came up and said he was not going to Havana, and that he was not responsible, as he had not signed the bill of lading. I asked him to sign, then. He refused to do so, and went off to Messrs. Laborde & Xiquez's, leaving us at a stand, and not knowing what,to do. He came back from Laborde & Xiquez's, and said he would take the doubloons at one per cent. Mr. Henry Lavalette said that wasw 9 [1 ] 90 too much; all it was worth was a half per cent.; he was willing to give him that. Then, all of a sudden, Captain McConnell changed his mind, and said he would not charge anything, and would take the doubloons for nothing, if there were no papers. Thereupon, Mr. Lavalette tore up the bills of lading he had, and told me to go on board the vessel and tear up the bill of lading enclosed in the letter to the consignee, which I did. Mr. Lavalette then told him he would give him a letter without a seal, and Captain MlcConnell said he would take a letter from him whether sealed or not. Mr. Lavalette did not wish anything said in the letter to speak of the plague that then existed here-the cholera-and that was Mr. Lavalette's motive in tearing up the bills of lading. Was there nothing said in your presence in regard to his taking passengers? Mr. Lallande asked him if he would not take passelngers. He said no; he would not take a passenger for 1300. Jose Carenio sworn. Do you know Mr. Llorente? Very well; and I would be very glad never to have known him. Relate what occurred between you and Llorente in connexion with Mr. Rey. On the 26th or 27th-I think on the 26th June last, whilst I was making some correction in a pamphlet I now hold in my hand, at the house of Mr. Solle, a printer on Chartres street, between three and four o'clock that day, not being willing to go to the Third Municipality to dinner, I went into a restaurat opposite the Place d'Armes. I met Llorente at the door of the restaurat, with two of his children. We ate together-Llorente, his tTo children, mlyself; and another of our friends-and I paid a dollar. Llorente then took me aside, and made me a very degrading proposition —a proposition which humiliated me very much. Llorente told lme that he was in a very unpleasant dilemma, because he had either to shoot himself or fulfil an engagement with the Spanish consul. He said, for the first he had not enough of courage; and, for the other, he wanted a friend. He continued that he knew me to be in indigent circumstances; that, in this city of New Orleans, the persons who were rich were those who committed base acts, (acciones bojas;) that there was in this city a man who had caused several prisoners of note to be released froim confinement in Havana. He also told me that he (Llorente) was a very able man for an intrigue, and if I wanted to help him, we could take the man, who was then residing at Mr. Morante's, and sail with him to Havana; and, for so doing, we would be very well paid. Llorente further said he had secured for himself a very good situation, because Senfor Don Carios de Espana was a very good friend of Senor Mon, Minister of Finance in Spain; that I was born in Mexico at the time the Spanish government owned Mexico1 Mr. Dufour. Come at once to what Llorente said to you. He said if I were to become a Spanish subject I would secure a good position and brilliant prospects. In reply, I said I lived quietly in this eity, under the American government, and I would not be an accomplice in carrying a man away from it, and thus violate the laws; because, if they took away one man to-day, they might take another to-morrow, and I did not know how soon they might seize myself and take me back to Mexico, where I had been guilty of two offences-the first, that I was in favor of religious toleration~ 91 [ l3 Justice Bright. Does the witness know anything of the affair in hand. iMr. Dufour. The witness wishes to explain that he was in a position himself somewhat similar to Rey's, having fled from Mexico for political offences. Did Llorente offer any specific amount? He said a very fat sum. From whom was the money to be drawn? Llorente told me it was a respectable person, but did not tell me his namne. Have you not been called upon to hush this evidence? As I was about buying some cigarritos at the St. Louis Exchange the other night, I saw three men talking together, and heard one of them say I would be the first man who would be killed. The man who said this was Moranita, who wrote something in defence of the Spanish consul in La Patria newspaper. Cross-examination.-How long have you known Mr. Morante? I have known him only since the affair of Rey has been spoken of. Did you know Rey? I did not. Where was Morante's shop? On St. Ann street. Is not Mr. Morante well known here? He is advertised in the papers as a manufacturer of chocolate, and he must be very well known here in the city. Why did you not go to Mr. Morante's and inform him of this infamous projeccyou speak of? Because 1 never thought a man could seriously entertain so infamous a design, or carry such a plot into execution. For this reason, and also my occupation, being at work the whole day, I did not go to Mr. Morante's. Who were the persons with Mr. Moranita? I don't know their names; but if I were to see them, I would know them. One of them, I think, us in the employ of Senor de Espana,: I have often seen him in his company. What is the description of the man you have seen so often walking with Senor de Espana? He is a low-sized man, dressed usually in black. State particularly at what place these three men were standing. At the corner of Exchange place and St. Louis street, opposite the City Exchange. I was buying cigars at the shop situated at that corner. What day was it? On Sunday night. How long ago? It was the Sfinday after the publication of Moranita's reply to Morante. What o'clock was it? At half-past seven, exactly, in the evening. Did they speak to you, or were they speaking among themselves? They were speaking together, but evidently intended I should hear them. How did you know this was about the testimony you have' given? Because they mentioned my name, and I supposed Llorente had told them I knew something of this affair. [ 1381 9 i.. Dufour. We will rest the prosecution here for the present. Mr. Larue. Is that all? Mr. Rynolds. That is all, sir. THE DEFENCE. Mr. John W. Hincks sworn. I have been deputy collector for years; I know Captain McConnell, of the schooner Mary Ellen; he has been engaged in the gulf trade for some years; at present he trades on his own account, since he got the Mary Ellen; he has owned her four or five months; I am pretty well acquainted with commercial matters, Is it not usual for a party freighting a vessel on his own account, for a market, to conceal his destination? That depends upon circumstances. Has not Captain McConnell, when going to Havana, frequently cleared for another port? Not with the vessel. The last time before this, going to Havanaj he cleared for Matanzas. This last time) he cleared for St. Thomas and a market. Has he not said the reason he cleared for another port than his destination was to avoid carrying newspapers and letters? He has mentioned that as a reason. When a man intends to bring a return cargo, is it not an act of prudence to conceal the state of the market here? It is, sir. Is there anything uncommon or extraordinary in a master of a vessel taking a general clearance of that kind? No, sir-it is frequent. At what time did the vessel clear the last time? On the 3d of July-about ones or half-past one. Do you know, or have you any means of knowing, whether the vessel had a full cargo? He said the cargo was his own. Have you any means of knowing that Captain McConnell intended going to Havana this trip? Yes, sir; the shipping articles and crew's list were made out for Havana. When was the Titi cleared? On the 13th July. Cross-examination,-Have you a list of the crew?-we want it. I can give you a copy. Captain McConnell has the shipping-papers. They will answer the same purpose. Mr. Dufour. We have nothing to require of Captain McConnell in that way: we want you to give the judges a copy of the lists. J. F. Laborde sworn, I am acquainted with Captain McConnell, the last eight or ten years. Did he invite you to go to Havana the last trip? He asked me frequently. I was sick the last trip, and could not go, You knew he was going to Havana? Yes, sir: we sent letters by him. Did she take in any freight on the 5th? I am not certain of it. She was ready to sail on the 4th. Cross-exaninwation.-You say the schooner was ready on the 4th? 93 [183] I have said I thought so. Was she not ready on the 3d? I don't know. The captain, when he takes cargo on his own account, takes in cargo whenever he chooses. Don't you know that schoonerwas cleared on the 3d? I don't know, but I believe so. By whom are you employed? By my uncle, J. Y. Laborde. What is the name of the firm? Laborde & Xiquez. Are you acquainted with a young man named Thomas J. Burke? I have known him intimately the last five or six years. We have lived together. We room together. Have you not written on paper something in relation to this matter in hand? Yes, sir, I have. [Witness was handed a paper] Is that your handwriting? Every word of it is mine. To whom did you address it? I addressed it to no one. To whom did you give it? To Mr. Thomas Burke. He requested me to write it. Will you read it? Yes, sir, I will. Mir. Larue. One moment sir. Let us look at it first. Mr. Larue and the other counsel for the defence then read the paper, After consulting, they consented that the witness should read it, and he did so. The following is a literal copy of the paper: "The Agents paid Me 200 doubloons or $3400 to take him away-He was tied on board under the hatches-The object of his been taken there is not that of punishing Rey so much as to ferret out of him who were the parties who employed him to set the two prisoners for political causes free from the castle-Some of the most influential families in Havana having been implicated in buying off this turnkey. "Last night a party of Spaniards headed by a speaker went to the consul, and it appears he showed them some letters and paper sculpating him from all blame Some other Spaniards wanted and actually formed themselves into a company to go and trash the the consul and then send him in the like manner to Havana. All Spaniards without exception are incensed against this consul and they hail the Delta as having taken up the affair on hand-The paper will gain much respect and influence with the Spaniards here if it continue hiting the consul and bringing him to punishment." Will you please to point out the "Mc." you allude to here? [Witness pointing to Captain McConneil]-Mr. McConnell I allude to, of course. Who was the agent you specified here? I mentioned no name; I alluded to no agent. If you allow me, I'll explain the whole. Mr. Cohen. That is a very plain question; answer it. I alluded to no agent; I meant no agent. I intended it as a hoax, as a li, from beginning to end. 13 ] 94 To whom did you allude when you speak of " him" in the passage where you say "to take him away?" Well, I suppose I allude to Rey; I refer to him all through. ir. WTarfield. We now file this document in evidence. E'xamination in chief resumed.-Knowing Mr, Thomas Burke was employed as a sort of printer's devil in the Delta office, first gave me the idea of hoaxing the Delta. In a conversation I had with him that night, I said I had much of importance to say to him, but was afraid to say it. I said so in order that he might think I knew a great deal of this case, and that he would give me credit for it. On the day following Mr. Burke came to my store, and said he came from Mr. Maginnis, of the Delta office. Mr. Warfield. I desire that Mr. Burke may be called now. Commissioner Cohen thought it would be better to call him after all the testimony had been heard for the defence. Mr. Warfield explained that his object was to have Mr. Burke present while the witness was testifying. Mr. Burke was called, but was not present. Testimony of lMr. Laborde resumed.-That he came from Mr. Maginnis, and said he wanted to know all the facts of the case. I first refused, so as to make him believe I really had something to communicate; but after begging me a good deal I consented, and wrote that paper. The first item (of the 200 doubloons) I heard in some bar-room, or in some conversation; and the rest, I made it all myself. I would have given a longer account, but I had not time that morning, and could not tell any more lies. Mr. Warfield. What did you say; any more lies? Yes, sir; for I intended to give them a whole chapter of lies, if I had had time. That is all I know of the case. Mr. Warfield. (The testimony being read by the clerk)-Insert there that he would give a chapter of lies, if he had had time. Witness. Yes, and I would give them now. District Attorney Reynolds. Not now, sir, if you please; you are on oath. Mr. Warfield. Have you not had several conversations with Mr. Burke since? Yes, sir; the last one to-day, at one o'clock. In reference to this document? Yes, sir. Are you still in the employ of Messrs. Laborde & Xiquez? Yes, sir. Is not your uncle, Mr. Juan Ignacio Laborde, of the firm of Laborde & Xiquez, the security of Don Carlos de Espaiia? I have seen it so stated in the newspapers, and would know his writing if I saw it on the bond. Mr. Warfield called for the bail bond of the consul; when Mr. Preaux said, we admit that Ir. Juan lgnacio Laborde, the witness's uncle, is the security of the Spanish consul in this case. Mr. Warfield. Was this document written about the time the newspapers commenced speaking of this subject? It was written the day after the first article on the subject appeared in the Delta. John Smith sworn. Are you a shipping-master in this port. 95, [E [13] Yes. Are you acquainted with Captain McConnell, of the schooner Mary Ellen? I am. Did you ship his crew for his last voyage? I did. Were you with him on the afternoon and evening of the 5th of July? I saw him that evening at his vessel. I went downt to the vessel about 8 o'clock. Mr. McConnell asked me if he had time to go up and see Mr. Valls before the tow would be ready. I told him it was not usual for tows to go away before 9 or 10 o'clock, and he would have time. He went down to Mr. Valls's store and sold him some coffee he had in the store, and came back again to the schooner. When he came back alongside the schooner, I asked the mate of the schooner if all hands were on board. The mate told me the cook was not on board yet. He said my clerk had been there and gone after the cook. We waited for more than half an hour, during which time the steamboat bell rang several times, and hailed the schooner (the steamboat captain did) to ascertain if they were ready, several times. I asked Captain McConnell if he was all ready? He said yes: as soon as the cook would come he would shove off; that there was a passenger who had his passage engaged, but he could not wait for him. I saw the cook, and two negroes carrying his baggage, and my clerk coming along at the head of the wharf. I ran up towards him and hurried him aboard. I sang out to the steamer we were all ready. Capt. McConnell sang out to his men to single the lines and let go. I was then bidding Captain McConnell good-bye-shook hands with him. He ran aboard the schooner. I turned round; looking up the wharf, I saw three or four men coming along, three in a row-arm-in-arm. Somebody said, " the schooner is off." They picked him up by the legs and shoulders, passed me, and passed him over the rail. The rail was pretty nigh level with the wharf-below the wharf. I sang out to Capt. McConnell, "there's the passenger." Capt. McConnell says, "let him come aft,"' let him go down in the cabin "-one or the other of these expressions. The schooner's bows were then swung out, but her stern was still alongside the wharf. I saw a dark object, which I believed was the samne man, trying to get on the quarter-deck, with something white in his hand, which I supposed was his hat. The schooner swung off then from the wharf, and I left to go home in two or three minutes after. Were these men walking towards the schooner when you first saw them? Yes, sir. There were three men; one alongside, with a stick in his hand. How many took hold of the man to lift him over the rail? I believe three or four men. One of them, I believe, was a black man. I believe I helped him myself over the rail. There were as many as four or five then alongside. Were they hurrying to get him on board when you first saw them? No; they were not until the schooner shoved off. This lifting over the rail, sir- was it done for the purpose of lifting him on board? Well, sir, I can't say. He could get on board himself. It was very dark. A sober man amight stumble overboard that night. [13] 96 How far was he from the vessel when they took hold of him? About forty or fifty feet, I should say, when they first took him up. Did he seem to be desirous of getting on board himself? I don't know. Did he make any resistance? I did not see him make any resistance at all. You saw him going aft, did you not? I saw what I thought the same object-the white hat-climbing up the poop. Was not the vessel in the act of going at that moment? Yes, sir. Mir. Larue. The witness is yours, gentlemen. IMr. Hunton. You say Captain McConnell went down to Mr. Valls's, and sold some coffee. Is that of your own knowledge? I went with him, sir. We were absent about half an hour. How far were the men when you first saw them? They were about two hundred feet. The wharf was a short one. I was about going home; I was standing about half-way down the wharf. Did you stop where you were when you saw them? No, I turned back with them. Did you know any of the men? I knew one. I knew him so well I was able to recognise him, dark as it was. That was Charlie Rogers. Did you see anybody else you knew? I saw Mr. Eagle after the man was put aboard. Did you see Mr. Orton there? I saw him when I put the cook on board, and I saw him afterwards on the levee. Did Captain McConnell make any other remark in relation to the passenger, except that he expected a passenger? Yes, sir; he said the passenger he was to take was a friend of the Spanish consul. Who engaged the passage for this gentleman? I dont't know; Captain McConnell mentioned that the passenger had the passport of the Spanish consul, and he would like him to go if he came down in time. How long after you returned from Mr. Valls's was it until the vessel left? About half an hour. How far was Mr. Valls's? One square towards the railroad and two from the levee-a walk of about five minutes. How long did you stay there? Fifteen minutes, about. Did you delay anywhere on the road?.No. Had you any reason to suspect who this passenger was? No) I thought nothing of it until I saw the affair in the papers. I supposed he was a passenger late, and that his friends were with him, seeing him off. Did you suppose Charlie Rogers was one of his friends? I did not know. Did you suppose so? No, I did'not. 97 [ [13] How did you say they came up? Three persons walking arm-in-arm, and one alongside. No baggage brought along, was there? I didn't see any, sir. You have said it was very dark that night, and you could only recognise a well known face near you-are you sure they had not hold of the man when you first saw them? No, sir, they had not. How far did you say you were from them? About half way the wharf. The wharf is about two hundred feet long. I could see four persons there. Commissioner Cohen. Do you know this man John, said to have gone to Caliornia? No, sir. Mr. Hunton. I don't recollect distinctly how far you said it was from the vessel they took hold of the man? The cry was made, when they came up on the schooner, to "cast off," and they took hold of him and ran; I ran, too, alongside. He stumbled on the way; they picked him up, and I don't know but I helped them to carry him by catching him by the thigh. A dispute here arose as to whether witness said the maln stumbled before they took hold of him or after. The defence thought he said " after." The prosecution thought' before." The court was of the same opinion as the prosecution, and' called upon the witness to say which was right. Trhe witness now said it was before they took hold of him he stumbled. Cross-examined by Mir., Wafiyeld. How far were you from them when they took hold of him? About a yard. Did he say anything then, or on the way to the vessel? No. Did you hear anything said as they took him along? When he got on board, somebody said something about " what trouble we have with these drunken stewards." Did you see this man from the time he was launched on board the vessel, so as to know how he-got aft? I supposed it was him I saw climbing up the poop. Could you see him after he got on board or not? No. I suppose he fell on a spar or on his backside. [Laughter.] Well, did you see him after? Yes, I saw him going up the poop. I supposed him to be the same man, because I saw the white hat. Was there nothing said when he was launched on board, by anybodyby him or those who put him on board? Not a word. What made you suppose that those who put him on board were his friends? WVell, I don't know whether they were friends or foes. I supposed he was late, and they were friends helping him aboard. You say you heard no words pass. When they got on board did you not hear any words, such as good-bye, farewell- adieu or adios? Not a word. You have spoken of a nman with a stick: would you know him? 10 I II] 9S He was a stout man. Mi'. TWarield, Stand up there, Mr. Marie. (Mrs Marie did so.) Is that the man? He was the same size; he was a similar malt Did you ship the steward and cook? I shipped a cook, and a cabin boy who acts as steward. How long before the vessel sailed had you the crew shipped? Three days. Was the ship entirely cast off before the man was put aboard? No; her stern lines were yet fast to the wharf. Did Captain McConnell ever mention the name of the passenge' to you 1 He did not. Did Captain McConnell ever request you to put this passengeTron your shipping-articles as a sailor? No, sir; a few days before, he asked me, previous to making up the istn to leave room for a couple of poor passengers, who had no passports. Did he not say that the Spanish consul had some wish in regard to this matter? No; all he said was the night before the vessel sailed; he said this passenger was a' friend of the Spanish consul) and he would like him to come on board, Did you or did you not refuse to leave a margin for one or two poor passengers as a part of the crew? I told him I would if I could get "protections;" but I had no spare Cprotections'" because a small vessel like that can only carry two hands' without "protections," and the cabin boy and steward had no "protections. Mr. Dufour. Say if you have not stated to some person, one or two days after this occurrence, that you had seen a d —d rascal of a Spaniard put on board the Mary Ellen? No, sir; I did not know whether he was Dutch, French, or Spanish. I might have said a thousand things like it since this thing has been talked about. Some said I got a thousand doubloons; and I said I wish I could get it-I would put hundreds on board for it. Have you not said so since the 5th July? I've said a good many things I don't know. The question is a pointed one: have you not stated) since the 5th July, that "you had seen a d —d rascal of a Spaniard put on board the Mary Ellen?" Not that I remember. Direct examination resumeed.-Did not Mr. Eagle tell you he had been puting men on board another vessel close by? The question was objected to by the prosecution as an absurdityadmitting the declarations of a defendant; declarations not connected with the present case. The question was withdrawn, after some argument. Do you know the general character of Rogers for veracity? Well, I can't tell much about him. In regard to his swearing, I don't know. The court now adjourned, to meet again at five o'clock this evening, Mr. Larue stating that the defence had some fie or six more witnesses to examine, and would probably conclude their testimony this evening. 99 [ 1 FIFTH DAY. The investigation was again resumed at five o'clock last evening. Justice Bright and United States Commissioner Cohen, all the counsel for the prosecution, all for the defence, and the district attorneys of the United States and of the State, were present. The court-room was again crowded with spectators. THE DEFENCE-COntinued. Recorder Genois sworn. Are you acquainted with Charles Rogers? I know one Charlie Rogers, a runner for a sailor boarding-house. Will you describe the man? A small man; a short man; stout. Do you know his character, sir, for truth and veracity? I must state from what I know of the man~ Mr. Defour. That's not evidence, sir. Your opinion is not evidence, The question must be answered as to his general character for truth and veracity. Mr. Collens urged that they could not be confined to the simple fact as to his character for truth. It was competent for them to show he was a thief, a vagabond-had gradually risen in the degrees of crime. Recorder Genois. I know nothing as to his being a thief. IMr. Collens said he had merely mentioned that for illustration. The court, after consideration, decided that, for the protection of witnesses from examination of the past history of their lives as to acts whether trifling or important, you may ask (said Commissioner Cohen) two questions: first, the general character of the witness for truth and veracity; and, next, would you believe the witness on oath? To protect the witnesses from indiscriminate attack, these questions only could be asked. Ar. Preaux. Well, sir, we will adhere to the rule laid down to the court. Recorder Genois, would you believe Charles Rogers on oath? Mr. Defour. We object to that question; that is the second question' The other must be asked first. The court sustained the prosecution in this objection. Mr. Preaux. Recorder Genois, do you know the general character of Rogers for truth and veracity? Recorder Genois. I do not know what his general reputation is; but, from what I know myselfCourt. Ah, that is not evidence. Manuel Morenati sworn. Do you know Mr. Carrefo? Yes, sir. Do you renember a conversation between yourself and,two friends when Mr. Carreno was by? I remiember. What did you say in that conversation to Carrefio? On the 22d July, between seven and eight o'clock in the evening, at the corner of St. Louis street and Exchange alley, there speaking with Antonio Vino and Jose Dionisio Fernandez, one of the two observed to me, Look at your friend Carrefo, who is going to buy cigars. I replied, [13] 100 that I wished to give three or four slaps to that carrion, (carrona.) That was all I said. Was it about this case you said these words, or for the purpose of intimidating the witness? I said those words in consequence of some personal difficulty I had with Carreno, and not in regard to this case, in which I had no interest at allnothing to do with it. Were those persons you were speaking with, the friends of the consul? I do not believe they were. Cross examination. Are you not the person who wrote a card, published in La Patria, in favor of the consul, in relation to this case? Yes, sir. Direct examination resumied. —Did you not sign your name to that card? Yes, sir. Was it from personal friendship to the consul, or as a public question? Seeing the excitement in the city, and having acquainted Recorder Genois of that excitement, I wrote the card as an expression of opinion on a national question. Antonio Viiio sworn. Were you present at the conversation between yourself, Morenate, and another? Yes, sir; on last Sunday week. What did Mr. Morenate say in that conversation about Mr. Carreno? John Carrenio entered the shop to buy some cigars. I said to Mr. More. nate, " there is your friend, the Mexican, going to buy cigars." Morenate answered " I wish I could give him two slaps." Morenate told me the motives for which he said so. He said it was for personal difficulties. Commissioner Cohen. Why did you say to Morenate " here is your Mexican friend?" Because I knew what had passed between him and Morenate. The witness was not cross-examined. Jlan Grau sworn. Did Mr. Carreno tell you about the conversation? About eleven days ago, while standing at the cigar shop of Mr. Pons, in the evening, Carreno came to me and told me that Manuel Morenate wanted to give him three or four slaps or blows. I asked him. why? Carreno replied that it was some mnatter relating to Mr. Llorente. Did he say in whose presence this was said, or whlen? No, sir. Witness was not cross-examined. Recorder Seuzeneau sworn. You are the Recorder of the Third Municipality? Yes, sir. Are you not well acquainted with the people of that part of the city? Yes, sir. Are you acquainted with Charles Rogers? I know him. Have you had occasion to hear people speak of him-reports of him: what do you know of him? I never heard him spoken of out of my office, as to his character, or in any manner that I could estimate his character. You see a great many persons in Tour officee? 101 L 18 ] Yes, sir. Do you not pass a great part of your time in your office? Yes, sir. Do you not hear a great deal about the character of persons in your office? Yes, sir; in connexion with cases, more or less. Have you ever heard the character of Charles Rogers spoken of? Mr. Duzfour objected.' The character of the witness, except for veracity, could not be questioned. The court repeated its former decision, that the first question should be as to general character for truth and veracity. Justice Bright explained the object of the question. Recorder Seuzeneau said he could not answer the question; the little he knew would not justify him in forming an opinion. His knowledge of him was within a limited sphere. After some discussion as to whether a question could not be put as to the opinion of the particular persons with whom Recorder Seuzeneau had conversed on the subject of the witness's character, the court again decided that' the question must be, what is the general character of the witness? Recorder Seuzeneau said he did not know the general character of Rogers. Mlir. Larue quoted authority (Starkie, p. 162) for the purpose of showing that the credit of a witness might be impeached by general evidence affecting his credit, and that the proper question would be, whether you would believe him on oath." M1r. Reynolds and XMr. VarTfield quoted several authorities (Greenleaf, Roscoe, Russell, and others) showing that the question must be confined to the general reputation of the person. ilr. Warfeld added that that work of Starkie was somewhat antiquated. Commissioner Cohen. This edition of him is dated 1826. Mr. Larue. The law of evidence does not change from year to year. Commissioner Cohen. It improves with the progressiveness of mankind, and with our experience of men, sir. The argument was again taken up, and the court again declared its intention of adhering to the rule-laid. down. Recorder Seuzeneau was then allowed to retire. Mr. George Coleman was now sworn. -Wr. Dufour, addressing the witness, asked him if he was connected with the Mary Ellen? Yes. MJr, Dufour.'Well, then, I move the court that all the witnesses for the defence, from the crew of the vessel, be separated. The motion was granted. JMr. Foulhouze requested the court to place them under the charge of the constable, with instructions to permit no communication with the crew, from either the prosecution or the defence. The court assented, and the witnesses were taken out of court. George Coleman was then examined. You are the mate of the Mary Ellen? Yes, sir; I am.. [S13 102 During the last voyage to Havana' Yes. Before your departure, when did you finish loading the ship? We took in the largest part of the cargo on the 3d of July; the last we took in onl the 4th. What prevented you from starting on the 4th? I went to Captain Annable's myself, to his office, and asked him for a boat on the 4th. He said we could not have one that night-not until the next day. Did you have a Spanish passenger on board during that voyage? Yes, sir. What sort of a looking man was he? How was he dressed? He was a small manl; did not appear to be over twenty-one or two years of age. He wore a black merino coat, and, I believe, pantaloons, and a small Panama hat.'When was the first time you saw that man? Where did you see him? The first time I saw him was between four and five o'clock on the afternoon of the fifth July; he came down in company with another man. The other man was five feet six to five feet seven inches; stout built, with a black moustache. Would you know this other man if you were to see him? I might know him if I were to see him. I never saw him before or since. Mr. Llorente was called by Mr. Collens, and exhibited. Witness. That is very similar to the man; I believe it is him. Where was the vessel when they came on board? The first wharf above the First Municipality. What was said by them, or what did they come on board for? He who was a passenger asked me if we could give a passage for one man. What did you reply? I told him I could receive none; I said my orders were against it. When did you leave the wharf of the First Municipality? About seven o'clock, near sundown. Where did you get down to the Third? We went down to one of those berths abreast the lower cotton press to make up our tow. What o'clock did you start with the tow? About nine o'clock. Were you detained at all there? About one hour to make up the tow. For any other cause? No. For the cook? We were detained for the cook. Did you see the cook come on board? Yes, sir. Who was he put on board by? I believe by the shipping-master and his clerk. I saw two negroes bringing down his clothing. I sent up the shipping-master's clerk after him myself. Were any orders given as soon as the cook came on board? 103 [13] Yes, sith When the captain came clown he told me to swing off as soon as the cook came. Did the vessel swing off any? Her bows swung off about six feet. Tell us when this passenger came on board? Well, I don't believe three minutes could have elapsed from the time the cook came on board until the passenger came. Did you see him when he got on board? Yes, sir. How was it done? He appeared to be coming down with two friends, as well as I could see. One had hold of him by each arm. Well, go on; what else was done with him? He was passed on board by those people who were with him. What did he do when he went on board? He went down in the cabin, and when I went down, in about ten minutes, he appeared reconciled. Did you go down into the cabin in about ten minutes? -Yes. Did you speak to him? He was sitting down at one side of the table, and Captain McConnell at the other. They had their papers before them. Court. That is not the question. Did you speak to him? No, sir. What papers were they? It was a real Spanish passport. Did you read it? Yes, sir, so as to read the name. The name was Pedro RImeo. Was the man confined on board at that time, or at any other time? He was always at perfect liberty) the same as any other passenger I have ever seen in the vessel. Did he go on deck that nighit? Yes. How long after? He was on deck between nine and ten; before ten o'clock. When you went down to the Balize) I suppose a pilot came on board? We took a pilot between seven and eight o'clock the next morning. The pilot came alongside in a whale-boat. Which Pass did you go out at? S. W. Pass. How long did the pilot stay on board? I should suppose nearly two hours.'Was the boat alongside all the time? Went out alongside. Was it alongside or astern? Astern, about fifteen feet. Was she alongside any part of the time? When the pilot was taken off the vessel. Where was this man during the time the pilot was on board'? He was frequently on deck during the time. How many days did it take you to go to Havana? Eleven days, [II ]~ 104 Where did you anchor when you got to Havana.? We anchored at quarantine ground. How long did you stay there? Six days. Where was the man during the time? He had free ingress and egress to the vessel during the whole time, further than he could not leave the vessel-none of us could. Did you unload and load there at quarantine? In quarantine. How is that managed? By lighters coming out. They are sent out. When you left was your quarantine time out? No, sir. What was done with the passenger before you left? About thirty minutes before we left, the second mate and one man put him on board an American brig named the Andrew Ring. Do you know what port the Andrew Ring belonged to? She hailed from New York. What was the Andrew Ring doing there-lying in quarantine also? She was in quarantine, discharging her cargo, Cross-examined.-Do you speak the Spanish language? I understand a little of it-not enough to speak it fluently. Mr. Wamfield. Que ha dicho a usted elpasagero? (What did the passenger say to you?) lMr. Collins. Tell in Spanish what he said to you? He said, Quiere vmi. un pasagero por Habana. (I want a passage for Havana.) Mr. Dufour. Perhaps our accent is not pure; we will call upon Mr. Gomez to propound the same question. Mr. Gomez did so, and the witness answered as above. Repeat to the court the answer you made to the gentleman in Spanish. No quiere pasagero. [I do not want a passenger.] What freight did you take in on the 4th July? It was a case containing dusters for rooms, made of peacock's feathers, and the ship's stores. Did you take on board anything else the same day? Nothing but the ship's stores. Where were you when those persons came to inquire for passage? On the quarter-deck. Was there anybody else? I did not observe anybody. Where were the crew? On shore, getting ready. Where was the steward? He might have been down in the cabin or on shore; I can't say. You didn't notice any of the crew near you at that time? No, sir. What tow-boat took you down to the Third Municipality? The De Soto. Was there a cabin-boy or steward on board? Yes, a boy, about 19 or 20 years of age. What was his name? 105 [ 1 ] His name was Domingo something. Conmissioner Cohen called for the reading of the witness's testimony, in the examination in chief, in regard to his answer to the persons who asked for a passage. The commissioner brought the discrepancy to his attention between his testimony in the examination in chief and that on the cross-examination, in regard to this point. In the examination in chief, he said his reply to the applicant for passage was, "I could receive none-my orders were to receive none;" whereas, in the cross-examination, the witness said his reply in Spanish was-"he did not want a passenger." The commissioner asked him how he said in Spanish the captain gave him orders not to receive any passengers. He said he only told them in Spanish "7o quiere un pasagero." He could not say the rest in Spanish. Which one of these two persons addressed the question to you? The one that went to Havana. When you answered him, what reply did he make? He made no reply to me; he went right ashore. Did he ask for the captain? No, sir. Do you know where Domingo is? Did he come back with you? He was sent out of the court by your orders a few minutes ago, I believe. Mr. Wctfield. By order of the court. Where were you when these passengers came on board at the Third Municipality. At or somewhere about the fore rigging. How far off were these persons when you first observed them? The night was pretty dark, I don't suppose they could be more than, 20 or 30 feet off from where I observed them on board the vessel. How were these two or three persons doing when they were coming to the vessel? There was one at each side of him, and I think a third helped him aboard; I'm not certain. Were they walking fast or slow? They were hurrying along to the vessel, The tow-boat's bell was ringing. Explain to the court how he was launched aboard. We were lying so that the rail was very near the level of the wharf. We had a deck-load of lard. He was passed over on to the lard and walked into the cabin. How was he put on the lard? By those persons friends of his. Did you see the passenger then walk into the cabin? Yes, sir. Do you go down or go up into the cabin? Oh, there is a descent of about six feet; he went down. Did you follow him down? It was probably five or eight minutes when I went down into the cabin and saw him. Was there a light in the cabin? Yes.! [ 1S 3 106 Commissioner Cohen. How did it happen, the captain being then with the passenger, you looked over the passport? Because I often do it. Cross-examined.-Did you read the passport all through? Merely glanced at the name. Did you see by whom it was signed? No-I saw the Spanish coat-of-arms. Did you take up the passport yourself, or was it handed to you? It was lying on the table and I examined it. What was your object in reading the passport? Very often all the passports are in my charge. I wanted to see the name on it. I had no object. How long did you remain in the cabin? Not over three or four minutes. I then went on deck, told the second ate to go to bed, and took charge of the vessel myself. Was there any conversation between the passenger and captain when u were there? They were discoursing together in the Spanish language. Did you observe whether the passenger had his hat on or not? No, sir, I did not take notice. In his hand, or on the table? I rather think it was on the table. You took charge of the deck, then? Yes. Did the steamboat go off with the tow immediately? Went off with the tow. When did you next see the passenger? He was on deck about 10 o'clock. Where was the passenger's baggage put? I did not see any baggage. Any baggage at all —a carpet bag? No, sir; I never saw any. Did you find the Andrew Ring at quarantine when you arrived there? Yes, sir; she was at quarantine. She was aground two days. Were there any other vessels at anchor around you? Yes, sir; the brig P. Soule, Captain Williams. Any other? The ship Adelaide of New York, a packet, two or three Spanish vessels, two or three English vessels, and, I believe, one or two Bremen. At what distance was the brig P. Soule lying from you? Probably from three to four hundred feet, or may be a little more. At what distance was the Andrew Ring from you? About the same distance. On the same quarter? No, sir. The Andrew Ring was lying inland from us, and the P. Soule towards the city. Did the captain leave the vessel during the six days you were at anchor? No, sir; and no one came on board. You said the passenger was taken off to the Andrew Ring, about thirty minutes before you left. Did the captain go? No, sir; the passenger was taken by the second mate and one of the men. The captain did not leave the side of the vessel. 107[ [ 3 Did you hear the captain give any orders in relation to him? No, sir; no further than to take him to the Andrew Ring. Do you know what arrangements were made to transfer the passenger to the Andrew Ring? It is allowed at Havana that one passenger may be transferred to another vessel, to ride out the quarantine. That is not the question. Do you know what the arrangement was? Nothing more than what I have said. Do you know who is the pilot that took the vessel over the'bar? I do not, sir; he is a stranger to me. rir. Larue. He will be here to-night; his name is Richardson. Commissioner Cohen. You say when you went into the cabin the passenger was reconciled-what do you mean? Why, I mean, sir, he was reconciled as well as any other passenger. Did it excite no remark that the passenger had no baggage? None that I heard. Cross-examination resumed.-oHow many persons were on board, all told Eight, sir: four men before the mast, the cook and steward, the second mate, myself, and the captain. Yes, nine. Mr. Hunton. Did you tell the captain of the application for a passage? I did not. I had very little time to speak to him. Did the captain say he expected a passenger? Yes. When did he say so? He told us not to delay the vessel for him. When did he say so, I ask? About 8 o'clock that evening. When did the captain leave the vessel that day? I believe the captain was down some time in the middle of the day, about twelve or one o'clock. Had you and the captain any conversation in relation to the passenger on the voyage? None whatsomever. Not a word? No, sir. How did the passenger employ himself during the voyage? Taking his regular meals and smoking cigars all the time; that's all I noticed him do. 4 Do you know why the Andrew Ring was selected to receive the passenger? No, sir; she was the nearest vessel to us; I believe that was the only motive. Are you acquainted with the captains of any of the other vessels? Captain Williams of the Soul6, and Captain Adams of the Adelaide. The Andrew Ring was a stranger, then? Yes, sir. Was there any communication between the shore and vessel? Did any letters pass? The Doctor came aboard twice a day. Letters were sent ashore, and letters were received, by Captain McConnell, from the consignee. [ 13 108 Cross-examination resumned.-Was it the same individual who applied for a passage, that came on board that night? The same; I identified him that night. Did it excite no remark, that the man you had refused should come on board as a passenger? None, sir. Did you not say something to the captain on the voyage about your having refused the man a passage? I did not, sir. During the voyage, by what name did he pass? I never spoke to him. Did you never heat his name mentioned on the voyage? The steward always called him to his meals in Spanish Was he never called by name? Not to my knowledge. Mfr. WarCfield. He was anonymous. Was he called by Domingo? Yes, sir. When had Captain McConnell given you orders not to take any passengers? The week previous. Did this passenger and yourself always sit at the same table? Always, with the whole of us. How many of you were there? Five; Captain McConnell, this gentleman, Mr, Robinson, the second mate, and myself. Did he always eat with you? At every meal-breakfast, dinner, and supper. When you left Havana, had the P. Soul6 gone out of quarantine? Yes, sir; she went up to the wharf that day. Domingo Valeron sworn. Were you elmployed on the Mary Ellen the last voyage? I was. Was there a passenger who wore a white hat, on the vessel? Yes, sir. What sort of a hat was it? A Panama hat-a small, low one. When did you first see that man? After we got two or three miles down the river, the first time. Where was he? Walking the deck, and smoking a cigar, like a gentleman. In what capacity were you on board the vessel? I was a steward. When you got to the Pass, did a pilot come on board? Yes. How long did the pilot remain aboard? Two hours. Where was the pilot-boat? Alongside the vessel. Was the boat alongside all the time? Yes, sir. What language did the passenger speak Spanish. 109 [3 ] Had you any conversation? Did the man say anything to you during the voyage? The onlyconversation I had with him was, that he told me he was going to Havana to collect $,000. How was this passenger treated on board? He was well treated as a passenger. Where did he sleep? He had his berth near the captain's. Who made up his bed? I did. How many days were you on the voyage? About ten days. How long did you stay in Havana? Six days at quarantine. What became of the man, when you left? He went on board of an American brig. Cross-examinaBtion.What day of the month or week did you leave New Orleans? I don't recollect either. When were you shipped on board the Mary Ellen? I was about four days on board when she sailed. Were you on board between 3 and 4 o'clock on the afternoon of the day she left? I was. Did you see any gentleman come on board the vessel between those hours? No sir. What persons were on board from 3 o'clock until sundown or dark? I do not know. Were any of the officers on board the vessel between 3 o'clock and sundown? The sailors were., How many? Three. Were they there all the time. Yes sir. What part of the vessel were you on? I was near the caboose, (cosina.) What were you doing from 3 o'clock until dark, on board the vessel? I was attending to my duties at times, and at others on different parts of the vessel. Were you in the caboose part of the time, and where is it? Yes, sir. The caboose is about midships. While you were in the caboose, could you see persons coming on board? I could not. At what time did the mate, Mr. Coleman, come on board that afternoon? I do not remember. Were you and the three sailors the only persons on board from 3 o'clock until dark that afternoon? We were not, sir. Was not the captain there between 3 and 4 o'lock that afternoon? I do not remember. [13] 110 What time did the captain come aboard; was it not about 4 o'clock? He came on board about 9 o'clock) when the vessel was about to sail. Did you not see the captain come on board in the course of that days before night I did not. Did you see anybody on board between 3 and 4 o'clock but yourself and those three sailors? No, sir. What time did you see Mr. Coleman come on board that afternoon? I do not remember. Commissioner Cohen. Was the passenger called by anybody, at any time on the passage? No, sir. Was he called to his meals) or for any purpose? He was not. By what name did this passenger go) on board the vessel? I don't remember, (no Me orecuerdac) He was not called by any name. Cross-examination resumed,-.With whom did the passenger eat his meals? With the captain, the mate, the second mate, and a sick passenger. Did you serve at the table? I served as steward. Did you observe the captain and this passenger conversing during the passage? No, sir-no, sir, (with emphasis.) Was Mr. Coleman, the mate, on board at 6 o'clock the evening you left? Yes, sir. Was he on board at 5? Yes, sir. Where were you when you saw Mr. Coleman at 5 and at 6 o'clock? Walking on deck, near the bow. What was Coleman doing? Giving orders to the sailors to fix something on board.'Where were you when Coleman came on board that evening? In the caboose, Did Coleman come alone) or was there anybody with him? He was alone. Mr. Collens said the prosecution had no right, in the cross-examination, to assume a fact which the witness had not stated. They asked, when Coleman came on board that evening, was he in company with another? The witness had never said he saw him come on boardo This was not fair..Mr. Dufour denied that there was any art in putting a plain question to the witness, in regard to which he could have no misunderstanding. The witness must know whether he saw the mate come on board or not, or whether he remembered it or not. The court thought the prosecution had the right they had exercised, but withheld its decision until counsel produced authority. Mr. Dfour said Mr. Coleman's presence on board the vessel was als ready proved. 111 [ 3 The question was now qualified, by substituting day for evening, viz: Where were you standing when Coleman came on board that day? In the caboose. At what time of the day did Coleman come on board? I don't remember. Was it long before, or long after sunset? It was near nightfall. Where had Mr. Coleman spent his evening? I do not know. From the time you came on board at three o'clock until sunset, was there nobody on board but you? No, sir; nobody. At the suggestion of counsel of the defence, the witness was asked if he clearly understood the questions or not. -He repeatedly answered in the affirmative. The witness was also told, through Mr. Sere, the interpreter, not to answer a question if he did not clearly understand it. He reiterated that he understood every question that had been asked him. Cross-examination resumzed.-Did you converse frequently with this passenger during the voyage? I had no conversation with him, except when he told me he was going to collect $5,000 in Havana. What motive or reason had the passenger for mentioning this to you? Because he asked me how many days it would take to go to Havana. I answered him I did not know; and it was then he told me he was going to get the money. Where were you when the vessel started for the Third Municipality? I was near the caboose. Did you see the passenger come on board, and at what time did he come? I did not see him. Did you see the passenger that night or the next morning? I saw him two or three miles down the river. Direct examination resumed.-Where did the mate sleep the night before you left the city? On board. Did the mate stay on board, or go ashore a number of times? I did not see him go out. The court was about to adjourn, when Mr. Lare moved that' the sailors in custody be released. Counsel of the prosecution opposed this, and expressed a wish that they should be kept in custody until the examination was again resumed. Justice Bright said it would be an impossibility. Jr. Collens proposed that all the witnesses should be held prisoners. Mr. Reynolds suggested that all the crew should be examined before the court adjourned. [Applause.] The court acceded to the proposition, and the examination went on. Richard Smith sworn. Were you on board the Mary Ellen during her last voyage? Yes, sir. Do you remember any passengers to the Havana? Yes, we brought one. What language did. he speak? [13] 11l2 He was a Spaniard, I believe. Houw was he dressed? He had a coat, black pantaloons, and a Panama hat. When and where did you see him the first time? In the cabin, after the vessel had left the wharf, and was going down. the river. What was he doing in the cabin? Sitting on a chair, when I saw him first. How long had you left? About half an hour, when I went down into the cabin. Was there anybody else in the cabin with him? Yes, sir, a man of the name of Robinson. Commissioner Cohen. Robinson was the name of one passenger-what was the name of the other? I don't know sir; I never inquired. Examination in chief resumed.-Did that passenger you saw come on deck at all that night? Yes, sir. What Pass did you go out? The Southwest Pass. Did you have a pilot? Yes. How did he get on board? He came on board with his boat. Where was the boat while the pilot was aboard She was alongside a long time.'Was she astern any time? When the vessel went over the bar; then she was hauled up alongside to take the pilot. Where was the passenger when you were going over the bar? 2 On deck, sir. What was he doing on deck? WTalking the deck fore and aft, smoking a cigar. How was he treated during the passage? The same as any other passenger. How long were you on the passage? eleven days. How long did you stay in Havana? Five or six days.'Where was the passenger during that time? He was on board, walking the deck. What became. of the passenger when you left Havana? He went on board an American brig named the Mary Ring-, Who took him on board? Myself and one of the men. How long have you been on board that vessel? Three months. Commissioner Cohen. What were you on board? Second mate. Direct examination resumed.-What day did you finish loading, leaving New Orleans? On the 3d, 113 I13 What time? At night. Did you take in any cargo on the 4th?' Nothing, sir. Did you take in any on the 5th? Nothing but a keg of ice. When did you take in the stores mTwo days before we left. Do you know anything about a box of feathers? Yes, sir. When did it come on board? I don't know. I took no account of cargo. I saw it when it was aboard. Who kept the account of cargo? The mate. On the 5th of July, the day you started, where was the mate on that day? He was on board. Were you there all day? I was there part of the day. I went ashore to look after some things. I was there most part of the day. Were the crew there all day? No, sir, they were allowed liberty to go and get their clothes. Where was the captain that day? He was sometimes aboard, and sometimes ashore. (ross- erainiation.-At what time in the evening or in the morning did you get on board the day-you left? I sleep aboard. When did you get aboard the last time the day you left? I went ashore about sundown, and returned in about half an hour. Was this the only time you had been ashore that day? No, sir; I had been ashore two or three times. How long before you left to go ashore the last time had you been aboard? -Nearly half the day. Who remained aboard with you until sunset? All the sailors. How many? Three and myself. Who else? The mate, Mr. Coleman. Who else? The steward And who else? No one, at that time. When were these men on board? After sundown. You had been there, you say, for half a day, nearly; when did these men come on board? At sundown, when I did. When before? They were aboard half the day, off and on 12 [ 13] 114 Were they not aboard before sunset? No; they were not. They had been ashore an hour or an hour and a half. Was Domingo on board the whole of the evening? Yes, sir. From what o'clock? From sundown, and before sundown. How long before? I don't know. Was he on board at 3 o'clock? I don't know. Was he there from 3 o'clock till sunset? Yes, sir. Whereabouts? On board and on the wharf. Did the mate ever leave during the day? He did not leave after early in the day. Not any time? No, sir. Where were you during this time? Sometimes below and sometimes on deck. When did you see the captain come on board? Just when the cook came on board. Not before? No, sir; he had been on board about two hours before. Was there any person on board the schooner that afternoon but yourself, the mate, the steward, and the three sailors? No, sir. None whatsoever? No, sir. Where was Coleman (luring that time? Sometimes on the quarter-deck; sometimes on the main-deck. In your capacity of second mate, are you not generally by his side — are you not his aid de-camp? There's no camp about it, sir. Commissioner Cohen. Had this passenger any baggage? I don't know, sir. Did you see any? No, sir. Do you speak Spanish? No, sir. Cross-examination resumed.-Where were you when the schooner was leaving? Chock forward, clearing away the lines. Did this passenger dine with you? No, sir-Dine?-oh I yes, sir. Did anybody speak to him? The captain, sir. Did you ever hear his name 1 No, sir. Never heard it mentioned by the captain, or anybody? No, sir. 115 [13 ] Did you ever see him talking to Domingo? Yes, sir. Often? Oh, yes, sir-every day. Did they talk much? Yes, sir. How-on deck, sitting down? On deck sometimes-sometimes sitting down. They talked a good deal together; they talked together every day. Did they talk Spanish. Yes, sir. When this passenger was asked to take anything at- table, wasn't he addressed by name? I don't know; I never heard his name. Never Senor, or any such word? No, sir. (ommissioner Cohen, Did you see this passenger when he came on board? No, sir. Where were you? Forward, sir. Were you in such a position that you could not see him come aboard? No, sir; I don't look out for passengers coming aboard. Cross-examination resumed. Who called him to his meals? The steward. How did he call him? I don't know; he called him " hombre," come to breakfast. Did you never have any conversation with him? No, sir. What sailor went on board the Ring to carry the passenger? John. Is there but one John? But one, I believe. Did you take any baggage in the boat for the passenger? None, sir. While you were lying at quarantine, did the captain of the Mary Ring come on board you, or did Captain McConnell go on board the Mary Ring? Neither went on board the other. Joseph Lonerd sworn. You were a seaman on board the Mary Ellen during her last voyage? Yes, sir. Did you see a passenger on board? Yes, sir, I saw one. What sort of a hat did he wear? A white Panama hat. What language did he speak? Spanish. When did you see that man the first time, and where? On deck; going down the river, he asked me in Spanish if I could not go forward and get him some fire. I told him I could not, because I was at the wheel. [13] 116 For what was the fire? To light his cigar. What then took place? Well, then we tried to get a light out of the binnacle. We could not do it, and he went below. What Pass did you go out? I don't recollect what Pass. Did the pilot come on board? Yes, sir, in a boat, Where was the boat while he was aboard? Alongside a spell; I can't say how long, for I had work to attend to. Where was the passenger then? On deck. How was the passenger treated? He was treated, as far as I could see, as a gentleman passenger. What became of the passenger when you left Havana. He was put on board the brig Andrew Ring, of New York, lying at quarantine. Cross- examination.-What baggage had this passenger aboard? Not any, as I know of. Do you call a man a gentleman who has but one suit of clothes to his back? It wasn't my business to ask him. He belonged aft, and I forward. I never had any conversation with him. Where were you when the vessel cast off at the Third Municipality? I was forward singling the lines. Did you see any person coming on board? No, sir; I did not. Justice Bright. Were you aware a passenger came on board when the vessel was leaving? I was alot. Cross examination resumed.-Did you hear anybody shout out from the wharf? I heard somebody shout out something about the cook. I heard the cook's voice. He was drunk, and I was not much better. When you heard somebody crying out" Captain, here's your cook,' did you hear the captain make any reply? I didn't hear any such cry, I only heard the old codk bawling out himself. Henry Peterson sworn. Were you a sailor on the last voyageon the Mary Ellen? Yes, sir. Had you a passenger on board, during that voyage, with a Panama hat? [A voice outside the bar —" That hat again."] Yes, sir. Do you know what language this man spoke? I believe he spoke Spanish. One spoke Spanish, and the other passenger English. When and where did you see him the first time? Next morning, going over the bar. 117 13] Justice Bright; (smiling.) That's the man with the Panama hat; eh? Yes, sir. Direct examination resumed.-Where were you when the vessel shoved off. Close to the forecastle. What were you doing there? I took a glass of grog. Well, were you piloted over the bar? Yes, sir. How long did the pilot stay on board. Well, I don't know; a good while. Where was the pilot-boat while he was aboard? First alongside, and then astern. How was the passenger treated on board? First rate, that I see sir. Where did you leave this passenger at Havana? This man with the Panama hat, sir? Yes; where was this man with the Panama hat? On deck, sir. Where did you leave him when you left? On board an American brig, of New York. What was the name of that brig? The Andrew Ring, I believe..The witness was not cross-examined. Joseph Augustin (a mulatto) sworn. Were you the cook on board the Mary Ellen during her last voyage Yes, sir. What day did she start from here? On the 5th of July. When did you get on board that day? I suppose it was in the evening, sir, between half past eight and nine. Who brought you on board? Mr. Smith's runner came to the house and told me the vessel was waiting for me. How were you put on board? I recollect, when I came to the wharf, Mr. Smith's runner said, "here is Joe." There was a rope on the levee; Mr. Smith took the rope up, and tried to hit me one or two licks; and he said, "you rascal, we have been waiting half an hour for yQu." During that time, the captain said, " that is Joe, don't hurt him." The captain said,' Joe, is you drunk?" I answered the question, " no." I jumped aboard, with my bag in my hand, and the black man had my bedding, and shoved it aboard. I went right into my galley; and after I went into my galley, I went into the boat alongside, on the larboard side of the vessel. I laid down and rested myself on one of the thwarts. When did you see the passenger? I saw him at 5 o'clock in the morning. Did you sleep in the boat? I slept there until 3 or 4 o'clock; then I went into the galley, made a fire, and laid on the bench to sleep. What was the passenger doing when you first saw him? [13] 118 He was standing on the starboard side of the booby-hatch, looking down How was he dressed? A black bombazine pantaloons-in his shirt sleeves. What sort of a hat did he wear? A little Panama hat.. [Laughter.] What language did he speak? Hle spoke Spanish, sir; he came to the galley, asked me for fire, and I gave it. What Pass did you go out? The Southwest Pass. Where was the passenger when the pilot was aboard? He was on deck, sir. How was he treated; was he manacled-was he chained? I don't know how he was treated. All I know, he was a passenger. Well, but how was he treated? He was a passenger. But how was he treated as a passenger, sir? He was a passenger, sir-he was treated as a passenger. Where did you leave him at Havana? On board the brig Andrew Ring. Cross-examined.-Do you speak French? Yes, sir. Where were you born? In Dominica. Do you speak Spanish? Yes, sir. Did you see any passenger come on board as the vessel was about to be hauled off? No, sir. Where were you, sir? In the boat. I don't know what was done. I was a little drunk; I can prove it. Commissioner Cohen. You say you can prove it? Yes, sir, I can prove it. Cross-examination resumed. Was the passenger tied up or manacled during the passage? He was not, sir. Was he confined during the voyage? No, sir. Mr. Dufour (addressing Mr. Sere, who was acting as clerk and interpreter.) -I wish you, sir, to be particular and write down, exactly as I dictate them, the two questions I am about to put to the witness, and to record his answers to them precisely in his own words. Mr Sere. I will do so. Have you not stated, on the very first day of your return from Havana, that a Spaniard or that a man had been brought tied up on board the Mary Ellen, when she left this place? No, I did not;;I heard on board the vessel it was so the evening we arrived, and I said it was a lie. Have you not also stated, the day after, that you would not speak, because it would ruin Captain McConnell? No, sir. 119[ 13 ].Direct eamination resumed.-On the night of the arrival of this vessel, did a person come on board and speak to you? Yes, sir; several persons came on board and spoke in my presence. Juan, a young boy, a cabin-boy, spoke, and a white man named Joseph, a friend of mine, who always goes in the capacity of steward in Havana vessels, came to me alongside the galley. What did they want you to do or say? They asked me a good many questions-what we did with that passenger we took to Havana. Did they tell you anything about making money-getting a good situation? No, sir; they never said anything of the kind to me. What did you say? I told them it was a lie. Did anybody speak to you the next day? No, sir; the same evening, in a coffee-house. Well, what did they say? They said to me about a man taken to Havana, gagged, and I said it was false. The next day, did they speak to you again about it? Not to my recollection. Captain McConnell spoke to me, sir. Cross-examination resumed..-Are you not also called c Crying Joe?" I am. Mr. Dufour. May it please the court, I wish this witness to be no. tified to attend here to-morrow. The court now (at 12 o'clock) adjourned to 10 o'clock this morning. SIXTH DAY, The court convened this morning at 15 minutes after 10 o'clock, all the parties being present. The examination was resumed by the witnesses being called. The court mentioned that the Spanish consul had been present, but had retired on account of indisposition, and would be sent for when required. Attachments were issued for several witnesses. Duquesny sworn. Witness is employed by the Spanish consul; is chancellor to the Spanish consul; has been employed since January, 1847; has heard of Juan Garcia and Fernandez; heard of themt for the first time on the 1Gth of.last May. Question,.-In what manner did you first hear of them. Answer.-An exorto was received from the Captain General of Havana. The exorto was issued by the tribunal of Havana. There was another document with it; there was a letter giving a description of these men. The object of the exorto was to inform the consul that the case was pending against the individual mentioned in the exorto, and asking hin for information and assistance. The exorto was sent back to Havana. The reason it was sent back to Havana is, that it is customary so to do. A letter containing the order from the tribunal of Havana was then presented to the witness, who read it, concerning V. Fernandez, Cevilo Villaverde, and Juan Garcia, the jailor, requesting the Spanish consul to do all he could to bring them to justice. The consul replied to this letter, and addressed the Captain General at Havana. This is the original copy of [131 120 the letter written by the consul, [the witness holding a paper in his hand.] Witness wrote the letter from these minutes written by the consul, and afterwards copied it in the letter book. The prosecution here called for the letter book. [The defence objected to it, stating that the original of the letter written by the consul himself was before the court.] By Commissioner. But why not send for the letter book, and let us see if the original and copy agree? Mr. Collens. Why, if the court please, it will be taking up the time of the court to send after the letter book; besides, the rules do not permit the records of the consul to be made public; they are strictly private. We offer the original, the best evidence; what more can they desire? Mr. Larue.. Sir, if this course is proceeded in, you violate all the diplomatic relations existing between nations. What! have you a right to call for the records of a foreign minister, and make him expose the policy and secrets of his government? Mr. Larue, in a speech of some length, contended that the records of the consul were sacred, and could not be exposed. Tze United States District Attorney replied that he did not think the prosecution was liable to the charge that they wished to pry into the secrets of the Spanish consul. But he contended that a document had been offered in evidence to prove a record, and he felt authorized to call for it. The document offered was but a memorandum, and not the original letter. The original had been sent to Havana, and he desired to see the copy. Mr. Fouliouze. I did not expect this objection from the gentlemen on the other side; it cannot surely be urged with seriousness that they have a right to bring here the records of the Spanish consul. It is laid down in the second book of Vattel on international law, that where no special law exists, the law of nations shall be the law. He would refer the gentleman to the statutes at large of the United States-to the treaties ex. isting between this country, France, and Spain. Where is their right to bring into this court the archives of the Spanish consul? Mr. Foulhouze was educated in Philadelphia. He well remembered the remarks of an old Quaker in a case of great excitement, where public opinion was much against the accused; he said: " You should remember we are not here to satisfy public opinion or curiosity, but to do justice. Christ fell a victim to public opinion, and the people shouted at his crucifixion." U. S. District Attorney. I wish to explain my position. I object to this paper going before the court as evidence. We do not want tie gentleman to bring the records or books of the consul here without they wish to. Mr. Preaux. I now hold a book in my hand to show them they have no right whatever to call for the records of theconsul. I read from Vattel, vol. 1, p. 300, French edition. I regret I cannot speak as well English as my mother tongue. U. S. Commissioner. Well, sir, speak in your mother tongue; we both (the justice and the commissioner) uunderstand and speak French. Mr. Preaux. Yes, sir, but I wish to be heard and well understood by all. U.. Comnmissioner. What has the crowd to do with it, so long as we understand you? Mr. Hunton. I prefer that the gentleman speak the vernacular. Mr. Preaux proceeded, and, reading from the book, inade translations 121 [131 at different paragraphs. It appeared, according to modern international law, it is one of the duties of a consul to watch the interest and rights of his nation; and the consul having charge of the interest of his sovereign, is accountable to him for his actions, and he is commissioned by his sovereign and is recognised as such, and he is entitled to protection by the laws of nations. The sovereign who agrees to receive him, must protect him in all the discharge of his duty, and protect huim in his privileges and liberties. He must be protected from the criminal jurisdiction of the nation in which he resides, unless in the case of a commission of an enormous crime. After quoting thus far, Mr. Preaux went on to prove that the commission of an enormous crime alone could affect the consul, not a mnere misdemeanor. His person, for such an offence, was inviolate; and, in such case even, he only could be sent home to his sovereign for punishment. 3Mr. Preaux then read the exequatur of the Spanish consul, by which he was rcognised as a consul in the United States by the President, and to be treated upon terms with the most favored nations. He would now ask, what right this tribunal had to call for the records of the Spanish government, in the care and protection of the Spanish consul? U. S. Cmmnissioner. Mr. Preaux, will you be good enough to refer us to the treaty made by this government with Spain, exempting a consul from arrest, except in case of high crimes? Ja.r. Preax. Yes, sir; my colleague, Mr. Collens, is looking for it. I know that the treaty exists, and that the consul cannot be made amenable to any tribunal here for a mere misdemeanor, but, on the contrary, must be protected. iM. Collens read from the statutes of the United States a section of a treaty with France, by which the papers of consuls, vice-consuls, and their chancellors or secretaries, were held sacred, and entitled to immunity. Ml'. Preaux made a proposition that the commissioner might go himself to the Spanish consul and read the record. Th2e U. S. District Attorney thought that the question might be thus settled; but other gentlemen for the prosecution objected to such a course. ria'. War/ield contended that the document was not authenticatedc and therefore was no evidence. Mr. Reynolds, in a long speech, objected to the proposition, and characterized it as not an American proceeding. This was an American court. He denied that the consul came here of his own accord, but that he had been forced here by a writ of arrest. Mr. R. then quoted from ilent, to show that a consul was regarded only in the light of a commercial agent. U. S'. Commissioner. I would remark, that in a case reported in O1th Sergeant & Rawle, Pennsylvania Reps., a consul who was charged with a rape was discharged on the ground of his being a foreign consul, the court deciding that it had no jurisdiction. The defence being asked why they objected to permit this record to come before court, Mr. Collens arose and said that it was upon the-ground that as we, as a nation, desired to respect foreign consuls, we expected our consuls would be respected, and maintained and supported in their rights in foreign ports. How could we expect our consuls abroad to be protected and respected, when the State of Louisiana is permitted to trample upon 13 [13] 122 [ Is j the rights of a foreign consul residing among us? He would hot have an example made here of any infiingements of the law of nations, for the sake of the honor of the country. Examination resumed.-The consul handed witness this paper (the rough draught of the letter) to copy and witness made a faithful copy of it without any alterations or additions. The paper was just as it is now when it was handed to the witness, with the erasures in it. [The paper being handed to witness, he was requested to translate it.] The following is the translation: 1I return to your Excellency the exorto, after having tried to accomplish the object for which it was sent; for the laws of this country, the condition of the individual, and the crime committed, do not permit it to be executed in any other manner. Notwithstanding, I flatter myself that the means I have put in action will hereafter give your Excellency further information relative to the person who effected the escape of the individuals referred to in the annexed exorto. "God perserve you, &c. "1st June, 1849. (No signature.) "'To the CAPTAIN GENERAL OF HAVANA." Question. Was the consul desirous of obtaining information concern-,ing those persons who had escaped? Answer. Yes, sir; a gentleman was sent for who came to the office to give the information. Question, What was his name? Answ/er. His name was Mr. Trescazes. This was about the end of May. Mr. Trescazes told the -consul he was no longer connected with the police. The consul'said he was very sorry for it. Witness was here asked to tell all that occurred. The consul told Mr. Trescazes that there were some individuals who had come over from Havana, and he wanted him to set a watch on them. Trescazes said he was no longer attached to the police. The consul replied he was sorry for it. They then walked out of the office to the corridor; and, after remaining there a few moments, the consul returned,alone. The street door, from the door of the office, is about two or three steps. They did not go up stairs. Witness thinks they had not time to go up stairs to hold a conversation. They might have gone up stairs, but could not have remained long. Witness was under the impression they were in the corridor. Does not think they would have had time to go up stairs and hold a conversation relative to Rey and Fernandez, which has been stated in the testimony. Question. Ascending the stairs, how are the rooms laid off? Answver. The parlor fronts on the street; at the right hand there is a door, on the left wall. This parlor up stairs is no office. It contains a hair sofa, chairs, and a square table. It is a marble-top square table; a lamp generally stands upon it. There are pictures about the wallsThe names of these individuals were not given to Mr. Trescazes in the office. Witness at that time knew their names. Their names were Vicente Fernandez and Juan Garcia. There was no information given in the office of any other names. Witness has seen the man Garcia. Does not recollect where he saw him first, but saw him in the office. 123 [ 1 ] Question. Tell us all the particulars, sir, of what you know about him. Answer. One day a carriage stopped before the consul's door-a while after, a gentleman, whom witness had known by the name of Ayala, entered the office; he said[AIr. Dafotir objected to anything that the party said. The commissioner ruled the witness should go on.] He said to Don Carlos de Espana, Garcia is in distress, and is desirous to see you. The consul appeared somewhat displeased. He went up stairs, and came down directly after with his coat. Qyestion. Ordinary dress, sir, or disguised? Answer. No, sir-no disguise. The consul and Ayala entered the carriage. Half an hour after they came back in company with Mr. Llorente and Garcia. When they were in the office, the consul said:'Sr. Garcia, you have nothing to fear here-this is the office, of her Catholic Majesty; there are the seals of office." He then pointed to me and said: " Mr. Garcia, this is my clerk.'" Then all the gentlemen went up stairs with him into the parlor, where they remained for some time; after which, Mr. Ayala went away by himself. He was soon followed by Llorente and Garcia. This was all that occurred on the first visit. On the second visit he made the declaration. Witness thinks it was on the 26tth June, as it was on that day the declaration was signed. Garcia came that day in company with Mr. Llorente. Both stopped at the entrance of the office, but did not come in. The consul, who was in the office, went up stairs with these two gentlemen. After they had been up stairs some time, Mr. Llorente came down in the office and asked for the seal of office, which witness gave him. Three quarters or half an hour after the consul himself came down with a paper in his hand, which he told'witness to copy, which witness did. Witness, during this time, had occasion to go up stairs once, but then he did not go in the room where they were. Witness saw the consul, and spoke to himn at the door. Witness noticed the persons when they went out. Witness's desk is just behind the door which opens on the entry. There were three signatures to this paper-Juan Garcia, Fulgencia Llorente, and Carlos de Espaia. The seal of the consul was attached. Witness did not affix his signature to it. The paper was a fresh document; the ink was not yet dry when witness received it to copy. Witness made a copy of it. Witness returned the original to the consul. The consul forwarded it to HILavana. Witness thinks it was sent to Havana; the consul told hi.l so, but don't know of his own knowledge. [A paper was here handed to the witness.] This is the signature of the Spanish consul and his seal of office. This is the usual form in which official copies of documents are made out. By United States District Attorney. Have you made a copy of this paper in a book? Answer. No, sir. This paper becomes filed, and the acts themselves, on being filed together, are made into a book. This is the only copy witness ever made. Witness thinks the original was sent off by the P. Soule, about four days afterwards. Witness transcribes the official documents. Does not copy the private letters of the consul. Witness does not know whether the letter in which this document was enclosed was a private or an official letter. [ 13] 1-24 B.i UpEiied Slaies District Att0orne. Have you ever made any copies of documents like this before? Anzswer. No, sir, none before. By 4 1r Dufour. Have you ever made any since? Answer the question, sir. Answer. No, sir. Tphey do not send originals of documents away, as a general rule, except in a case like this, when the originals are required. -lr. Dufour. I now object to the introduction of' this document. I may object to it, sir, upon two grounds: upon fact and upon law. No attempt has been made to show that Garcia ever signed the original. It seems, however, that there is one witness to this document, Mr. Fulgencio Llorente. But why, sir, did not the official of the consul become a witness to this document? Why did not the chancellor, now in court, sign this mysterious document? Sir, it is a great and portentous sign in this mysterious affair that the signature ofJuan Garcia was not witnessed by others than Liorente. A party cannot make testimony for himself; and this document cpmes from. the Spanish consul. The United S",tates District Attorney followed on the same side. The document was not a private or a public one, but of an extraordinary nature, going to show that Garcia left the city voluntarily. W7here is the proof that Garcia ever signed this paper? We contend that Garcia was forcibly abducted; and if this copy of a private paper, not proven ever to have been in existence, be permitted as evidence, it might be proved that a man signed his own death-warrant. Mr. Hunton further contended that the document could not be admitted as testimony. Mr/. CoUlens, per contra, replied at length. Hie contended that, if the original had been either sent to Havana, or was among the archives of the Spanish government at the consul's office, the official copy would be evidence in any case. The power to give an authenticated copy of a record is vested in the keeper of the record, and the consul in this case was the proper person, and the only person, to give an authenticated copy of the act. Mr. Collens read from Starkie on Evidence, p. 204, in support of his position. The debate was continued by the prosecution, and Mr. Collens again replied, contending that the official document was valid, and could alone be made valid by the seal of the consul. No declaration authenticated by authorities here would be received at Havana without the consul's seal as evidence. The original was of necessity sent to Havana, just as much as the original of a document is sent to a place for the action of a certain power upon it. lMr. Larue followed, and read from the Statutes at Large of the United States, vol. 8, p. 150, treaty of Spain of 1795, and 5th article of the treaty of France, p. 103, which declares the powers of consuls to take depositions and declarations on board of vessels, or on land in certain cases. Mr. Warfield assumed the ground that the power of consuls to take declarations related to third persons only. He contended that if the original were here, the document being signed by Llorente and Espana, parties accused before this conrt, the document could not be offered in evidence. Mr. Warfield argued the point at length. dr. GCulens replied that, if all the gentlemen had said were true, it did not affect Marie, Eagle, or Captain McConnell. He contended that it was not a paper made up for a special defence by the Spanish consul. 120 [1s ] )3y Justice 3Bright. What does this paper purport to contain? 1%Mr. Collens. Nothing more, sir, than a declaration made by Rey relative to the facts of his escape from Havana with Hernandez, and his desire to return to Havana: nothing more, sir, than if a criminal were to make a declaration before your honor and your honor were to take it down, Mr. Co!lens here continued the debate, showing the height and character of the official seal of the consul, and dwelt at length upon the legitimacy of the document as evidence. IrV. Tiorfietd replied, and characterized the arguments of the learned opposite counsel as pettifogging and miserable quibbling, to which the counsel for the defence disdained to reply. U. S. Commissioner. As it is now near three o'clock, after consulting with the justice, we have concluded to take the point under our consideration, and render a decision at th-e next session of the court. 1Mr. Foul/'hoyze begged to address a few words to the court in relation to the Spanish consul. He has appeared before this court ready and willing to answer all charges, and hee has made 1no objection whatever, from the beginning, to the course pursued by the prosecution, nor has he claimed any of his privileges. If the decision of this court, so far as objections and matters of law are concerned, prevent him fiom having all his documentary testimony laid before this court -Mlr. Foulhouze should lhave recourse to the press to satisfy the plublic that he is, and ever has been, willing that the most searching investigation should be made in the case. The court then adjourned until to-morrow (Saturday) afternoon at 5 o'clock. SEVENTH DAY. This case was resum-ed at 5 o'clock yesterday afternoon. l Jr. Cohen inrformed the court that he had received a letter fr(m Mr Hunton, U. S. district attorney, stating that he could not attend, but would be represented by his -partner, B. A. Bradford, esq. J. Richardson, a Balize pilot, was first called. Recollects the last time the Mary Ellen went out. It was on the 6th of July, about 6 o'clock in the morning; was on board about an hour and a half; saw two persons whom he took to be passengers on board; one was a small-sized, delicatelooking man; took him to be a Spaniard. His complexion was very light; did not hear himn speak, and does not recollect precisely how he was dressed. Witness remembers that he had a light hat on, but does not know what kind of a hat it was; saw him on deck just before leaving the vessel, and saw him go down to breakfast with' the other passenger and the captain. Witness went below afterwsards, and saw the two passengers at breakfast with the captain. The other passenger was a stoutbuilt man. D id not notice any restraint upon the actions of either passenger. The small man was very observant. IHad he been in any distrees, and needed assistance, witness would have rendered it to him. He might have jumped on board witnesses boat, if he had wanted to do so. There were six men on board of witness's boat. Witness does not speak Spanish. Some of witness's crew were on board the Mary Ellen. There were but two white men among witnessgs crew; witness does not,recollect them. [ 1] 126 Cross-exa.mined by Mr. Warfield — Does not recollect what kind of a coat, vest, or cravat, the small passenger had on. He had neither whiskers nor moustache. Judged that he was a Spanaird, from his hat, his dress, and his countenance, Did not hear him speak, and does not know whether the captain spoke to him or not when they went to breakfast. Does not know any of the officers of the Mary Ellen except the captain. Had never taken her to sea before. Merely supposed the two persons at breakfast with the captain were passengers. Would not recognise the persons if he were to see them. Has known Captain McConnell by sight three or four years. Does not recollect upon what house the order for the pilotage was given. The order was giveno o the clerk at the Balize. Did not notice either of the passengers until he had been on board twenty or twenty-five minutes. Witness does not recollect the names of the white men on board his boat. Could not swear positively that there were any white men on board. The boats' crews are changed so often. By Mr. Coler.s, It is usual, when a vessel is going out, for all the crew to be on deck, and they are generally very busy. Duquesny, the chancellor or secretary of the Spanish consul, was called; and M.r. Cohen then read a paper that the court had determined not to receive in evidence-the alleged copy of Rey's declaration, made before Don Carlos de Espania. No proof of the existence of any original had been adduced. By iMr. COdlesi You have stated that Garcia made three visits to the consul's office. Tell us what occurred at the last visit. Witness. I only saw him passing through the corridor on his way up stairs. It was on the 3d or 4th of July.. Witness saw no more on that occasion. Garcia was alone, Witness made out a passport for Garcia. The consul came to witness on the 5th of July; between 2 and 3 o'clock, and told him to make a passport for Don Pedro Murga y Romeo. The name was first understood to be Grunca; and when he said it was Murga, MAr Reeynolds objected, and said the books must be produced, Judge Bright said that question had been settled; and [/ir. Foul/ouze contended that the books could not be called for. Mr. Cohen said that the witness had, he thought, altered the name, at the suggestion of the counsel for the defence. Judge Bright remarked that it was better to let the witness go on and testify to the best of his knowledge and belief. And the examination proceeded. Witness gave the passport to the consul. The consul had given direction to make out the passport in that way. The directions came in a letter from the secretary of the Captain General of Cuba. The letter in question was here produced by the counsel for the defence, and was identified by the witness. Mr. Duj'our objected, unless the signature was proved. By ar. Collens. The consul corresponds with Mr. Sandeval, the secretary. Witness knows his handwriting. The letteris his. Has seen his signature on passports, &c. The letter was here translated by Mr. Foulhonze, and read to the court 127 HAVANA, June 27, 1849. To Seior Don Carlos de Espana: M DEA SIR SI AND ESTEEMED FRIEND By yesterday's steamer I received your ijteresting letter, dated June 19th and 20th. I avail myself of the departule of the other steamer to answer it. The point at issue requires it, and there is not a moment to lose. Should the man spoken of comply with what he has offered, and should you decide to let him come, it will be proper to give himt a passport under a supposed name, and to write to me at the same time, in order that we may know it as soon as hle arrives, and take all proper measures accordingly. In case he has not departed when you receive this letter, have a care to send him here as soon as possible, giving him a passport under the name of Don Pedro Murga y Romeo. I will be prepared from the very moment the vessel enters the mouth of the port, though the receiving of this letter may be deferred on account of obstacles in the post-office. It is very important that the secret be kept, that all remain wholly concealed, that he accelerate his journey after having furnished you with all the information he can before his departure, and under the seal of secresy. You must also advise him as to the conduct he will have to observe during the navigation, in order that he may remain unknown, and that his arrival here be not divulged. As to your being cited before a court, I have already told you, in my last, that it seems to me to be very strange; and so it is. You should not be so anxious as you appear to be about it, though what happens to you is very unpleasant. i will thank you for a few numbers of that Nueva 7Teleg'rafo which begins to speak. 1 am desirous to know his opinion. You may direct it to me, under cover. I. is altogether false that the General has either sent or even thought of sending his resignation in any way or manner. He is well; and much engaged at work. As you have written to me that our man will leave by one of the vessels which are soon to sail for here, I am on the watch for the first which shall arrive. It will be of a great use for us to obtain throughl this means some important information about the foolish designs of the traitors, and you will have rendered a great service. At his arrival here, we will proceed so that he will have nothing to fear, and in no way be discovered. r'he quarantine will not impede it. Very respectfullty yours, CRISPIN X. DE SANDEVAL. After some argument, the court decided to receive it in evidence. The examination of the witness was then resumed. Mr. Cohen asked him if he had any record at his office which would show how Garcia's passport was made out. Witness had a book of passports, in which that was copied. Witness has seen in the consul's office other papers relating to the Garcia affair. A package was here shown to the witness. He recognised it. It was received about 8 o'clock on Thursday morning last, and was opened in the presence of witness. It contained a letter from the secretary of the 13] 28 Captain General, and also a letter from Juan Garcia. One letter was received from the Captain General. It was sealed with the official seal. The sane seal is generally placed upon official documents. Is acquainted with the signature of the Captain General. Has seen it often. Recognises that appended to the letter. Mr. Dufour stated that the letter of the Captain General was in reply to one fromn the constul of the 27th June, and he would call for that letter. The letter was translated by Mr. Fouihouze. It acknowledges the receipt of Rey's declaration, alleged to have been taken before the consul. Mr. Dufour insisted upon having the letter of the 27th, before recurring to the one in court. Juda~ge Bri'ght said the court could not dictate to the defence as to what evidence they should produce. If they chose to submit broken links of their chain of evidence, they could do so. Mr. Sandeval's letter was here shown to the witness. I{'. D4fjour again rose and objected decidedly to the reception of the letters in evidence. He asserted boldly that " the letters were all fabricated for the occasion, and placed on board the British steamer on the 27th of July, the day on which the consul was absent from the court on the plea of sickness. 1 Mr. D-ufour continued at length, commenting on the papers produced and the rumored declaration of hey. He contended that even if Rey had made a declaration, there must have been some motive. He had either made it with a promise of reward or fear of punishment. Mir. Larue then addressed the court in regard to the letters, and the objections of the prosecution to their admissibility as testimony. 3Mr. War/ield followed in reply to Mr. Larue. He contended that the. proceedings against the consul could have been known in Havana, and were known on the day the letters objected to were dated, the 27th Jully. He stated that a letter was received by La Patria from Havana, dated 27th, mentioning the Rey affair, and stated that it was well known throughout the city of Havana. The brig Salvadora cleared from this port on the 20th, the day the affdavit was made, and could have carried out the news. Mr. Collens contended that the Salvadora had not arrived at Havana on the 27th, the day the British steamer sailed. MlrJ. Bradford continued the argument, objecting' to the admission of the letters on purely legal grounds. M,. Cohen then recapitulated the grounds upon which the letters were offered and objected to; stated that the court was inclined to receive the documents for what they were worth, taking into consideration all the objections made. The letter from the secretary of the Captain General to the consul was here translated. It is dated the 27th, and announces the safe arrival of Garcia, and that he is in quarantine. Mir. Collens here offered again the delaration of Garcia, which was ruled out at the commencement of the examination. He contended that it should be admitted, as the letter of Mr. Sandeval showed that the original declaration had been received in Havana. ri. Cohen did not think this fact was by any means conclusive. It did not prove the existence ox any original, and this was the grand objection. 129 [ 13 ] The document was refused, and the examination of the witness was resumed. Witness has seen Garcia's signature once: saw it on the declaration. The declaration was here shown, and the witness was asked if he knew the signature. He was asked if that (the signature to the declaration) was Garcia's. Witness thought it was. Question objected to. Witness did not see the document signed. Some argument followed, and it was decided that no comparison with a signature that was not proved genuine could be received in evidence. AlIr. Collens asked the witness why the exorto mentioned was sent back to Havana. He replied that it was usual to send back all documents of that kind. By /Mr. Dufour. It was received on the 16th May, and was returned on the 1st of June. By Mr. Dufoor. Two or three days elapsed between the first and second visits of Garcia to the consul's office. Does not recollect when he made the first visit. The second was made on the 26th, the day he made his declaration. When Garcia came to the office the second time, he came with Llorente, Ayala, and the consul. He saw the carriage stop and saw the parties come in together. The consul and Llorente were absent about half an hour before they returned with Garcia and Ayala. This was between 12 and 2 o'clock. Witness was alone in the consul's office. Garcia appeared to be very anxious. Witness did not hear any conversation on the second visit. Mr. Ayala sailed for Havana on the evening of the 27th, on the brig P. Soul6. Ayala was often in the consul's office. Letters from the consul were intrusted to the captain of the brig. Knows of none being given to Ayala. Does not think Ayala was sent to Havana by the consul. Does not believe he was. Does not know that Ayala received any money from the consul. Never heard the consul mention anything of the kind. When the consul, Garcia, and the others were in the consul's room on the second visit of Garcia, Llorente came down for the official seal. Llorente and Garcia remained up stairs alone some minutes after the consul came down. It was before the answer received from Havana that witness saw Mr. Trescazes in the consul's office. Among other things, the consul told Trescazes that he wanted him to set a vigilaron certain persons. Witness was busy when Trescazes came in. Didn't pay any attention when he went out. The consul returned in a few minutes after they went into the corridor. Does not know that they went up stairs. Mr. Trescazes, in company with another gentleman, called at the consul's office more than six months previously to this time. Witness thinks he would know it if the consul and Trescazes had gone up stairs. In answer to the exorto of the Captain General, the consul stated to him that he would endeavor to procure more information in regard to the persons who had aided the escape of prisoners from Havana. The consul told witness that he had written for a pardon for Garcia. This was about tie beginning of June. Captain McConnell speaks Spanish: he often spoke it when he came into the office, in his (witness's) presence. He generally conversed with the consul in English. The letter concerning the passport was received on the 2d or 3d of July. Witness does not know when the answer was sent back. 14 [13a ] 130 The consul has private correspondence, whiah witness knows nothing about. Does not know that Captain McConnell got letters from the consul on his last trip. The consul wrote a letter by the Mary Ellen in regard to the health of New Orleans. He stated that there was no cholera. Captain McConnell obtained a "clean" bill of health. There were some notes on the bill of health regarding cases of sickness in the hospital. By Mrt. Cohen. Witness does not know who paid Garcia's passage. The Mary Ellen was not chartered by the consul, to witness's knowledge. He (the consul) might have done it without witness's knowledge. Captain McConnell came to the consults office the last time on the fifth ot July. It was before dinner.. He was there on the third. When:witness made out the passport he was aware that he was inserting a fictitious name. The passport contained a description of Juan Garcia. The consul gave him the description, and took the passport away with him. By Mr. Collens. Captain McConnell brought this manifest to the consul's office on the 3d of July. Does not know to whom the goods were consigned. It is not usual for captains to give a list of their passengers; the passengers are known at the office, as they have to come for their passports. This concluded the examination of the witness; and it being 10 o'clock, the court adjourned to Monday evening at 5 o'clock. EIGHTH DAY.. The examination of this case was resumed at 5 o'clock last evening, the State being represented, as usual, by Messrs. Dufour, Warfield and Reynolds, and the United States by Mr. Hunton, anld the defence by Messrs. Larue Collens, Preaux, and Foulllouze. The arrival of Captain Williams, of the brig P. Soule, in some degree raised the excitement, and the court-room was about as crowded as on the previous days. Captain Williams was the first witness called by the defence. Witness left New Orleans for Havana on the 26th or 27th of June. Arrived in Havana on the 6th or 7th of July. Remained in Havana until the 28th. Captain McConnell was there during a portion of the time. Does not recollect the day on which he, Captain McConnell, arrived. Witness stayed out his quarantine time, and theln went into the port of Havarla. ANew York brig, the Andrew Ring, was lying there. Did not see the American consul on board the brig, but met him when coming off shore, and he told witness he was going on board the Ring. Saw the consul on the day before he (witness) sailed, the 17th. Met him in Bishop street, Havana. He was going down to the captain of the port, as he said, to get a permit to go off to the brig. The witness went on to state some things as positive which he had only heard. i/. Hanton and his associates made serious objections. MIr. Larue made a speech of considerable length and force, in answer to someof the arguments of the counsel for the prosecution. He stated that despatches from the American consul at Havana had arrived, and gone on to Washington. He was confident that these despatches would settle the whole affair. Mr. PreaWx followed, contending that whatever General Campbell had said in his official capacity was good, legal evidence. M.ff o: ntl, replied. Hewas surprised to hear such arguments from MAr. Preaux. He was confident that Mr. Larue himself would not urge the point. The statements of General Campbell were not evidence. He wanted to have the affair thoroughlly investigated, but he wanted to rely entirely upon legitimate testimony. The court decided that no street conversation could be taken in evidence, and the examination of the witness was resumed. General Campbell was going in the direction of the vessel when witness saw him. Witness saw him the next morning, the 28th. Witness brought some letters over with the name of General Campbell endorsed on the back. Does not know to whom the letters were directed. Did not look over them;, but merely put them in the post office. The brig Salvadora had not arrived at Havana when witness left. Does not recollect when the British steamer arrived. By Mr. iWarfield. Was taking in cargo on the 24th and 25th at the wharf. Knows that the British steamer from Mobile Point arrived about that time. Three steamers came in about the same time. Robert Fowler was next called, Witness is the stevadore who loaded the schooner Mary Ellen the last time she went out. He commenced loading her about the 1st July. Was engaged in loading her on the 3d. Worked until about half-past 6 o'clock in the evening. She was loaded principally with lard. Had between sixty and seventy barrels of lard on deck. The hold was full. Witness put some other articles on board. Some kegs of nails weree stowed in the cabin. Did not finish stowing the deck load until the morning of the 4th. Put some things in the cabin on the 4th, and also 0on the 5th. One state-room was filled with lard, and another with stores. The state-rooms were the two aft ones. Does not know whether the vessel was ready to sail on the 4th or not. The captain blaimed witness on the 3d for not having the cargo all in. Johln KIrons wxas next called. Was one of the crew on the Mary Ellen on the last voyage. Was shipped under some name that does not exactly belong to him. Thinks the name was 0. Parry. Does not recollect the day of the month, but it was between 5 and 6 o'clock in the evening when the schooner first left the wharf. Saw a great many people come on board, but did not know whether they were passengers. Does not recollect the day of the month he left Havana. One of the passengers was left in Havana. He looked something like a Spaniard or Portuguese. Took him on board an American brig. Witness and the second mate took him on board. Saw no force used. The boat was brought alongside, and the man stepped down into it. He went on board the brig voluntarily. This man was on deck when the schooner was going over the bar at the Balize. One thing which made witness think he was a Spaniard was his dark complexion; and witness has heard him speaking a language which he thoug to be Spanish. Thinks there was a man on board called Robinson. Does not know what his name was in the shipping articles. John Cook was next called. Resides on the corner of Ferdinand and Levee streets. Recollects the departure of the Mary Ellen on her last voyage. Was on the wharf when she went away. Witness was sitting at his door, when he saw Mr. Eagle pass. Witness asked him if he was in a hurry. There- was a man With him. Hesaid he was going down to a tow, which was below the Mary Ellen. He said the man wanted to [0183] - 132 go-away. Sometime after he passed, witness went down to a coffee-house. While witness was drinking, three or four men came in. One of the men who was drinking was talking considerably, and appeared to be very anxious about something. Thinks he had spectacles on. When witness got through drinking he went out on the levee, near the Mary, Ellen. Heard word passed to Captain McConnell from the tow-boat asking him if he was ready. He replied that he was, but was waiting for a passenger, and if he didn't come in a minute he would shove off. About that time some one said the passenger was coming. Some one on board the schooner said if he didn't come he would lose his passage, and said to some one on shore,'Help him on board, or he will lose his passage." There appeared to be four or five men with the passenger, and they helped him on board. They took hold of him and lifted him over the rail. Did not hear anything in particular said. He did not notice. When the passenger got on board he stood with his hat in his hand. He waved his hat. He then got on top of the cabin. The schooner was then going off. The night was dark. Witness recognised some of the men who were assisting the passenger on board. Saw Mr. Smith, Charles Rogers, and two others whom he did not know. By Mi. Hunton. The party of men were about twenty feet from the vessel when he first discovered them. They were about this distance from the vessel when they took hold of him. The passenger walked up until the word was given to help him on board. His feet were put on the rail and he was shoved over, regaining an upright position when he got on deck. By Mr. Dufour. Was not the man carried from the levee on the wharf up to the schooner? No. Did the captain say, put him in the cabin? Did not hear any such word. Heard some one on board say, let him come aft. By CMr. Cohen. Witness saw Eagle on the wharf. Did not see him take hold of the passenger. He was, however, on the wharf at the time. By Mr. Dufour. Witness did not hear any one on board say anything at the moment the man was passed over the rail. Did not know Captain McConnell's voice from that of any other man. Eagle was about twenty feet from the passenger when the latter was lifted up. Eagle went towards the man, as several others did, when the man was passed on board. John Ring was called. Is a runner in the employ of John C. Smith, the shipping-master. Was on the wharf when the Mary Ellen went away the last time. First saw the passenger about half-past 8 o'clock. He was on the levee near the wharf. He was standing there. Does not know whether he was speaking or not. Witness was about the centre of the wharf. There were three or four persons with the passenger. They all went towards the vessel. Does not know whether the passenger walked or not. Witness did not notice anything peculiar about the dress or appearance of the man. Never saw him on board the schooner. Saw.him walk aft. Thinks he went into the cabin. Witness thinks he saw Mr. Orton on the wharf that night: is sure he did. He was neither drunk nor sober. He was "betwixt and between." Saw Mr Orton at the head of the wharf next to the levee when he (witness) was going away. This was after the passenger had gone on board. He was the 1,3 [ 13] width of the wharf from the vessel. It was about ten minutes after the passenger went on board that witness saw Orton. Gross-examnined.-Is the person who went for the cook and brought him back. Had a conversation with the counsel, Mr. Dufour, about what he had seen after the affidavit was made. Thinks it was after Eagle's arrest. Captain Smith was out of town at this time. The conversation took place in Mr. Dufour's office. Told Mr. Dufour that the passenger appeared to him to have been crowded forward into the schooner. Said also that the transaction seemed to have been very strange. Told Mr. Dufour also that among others he asked Captain Smith who the man was, and received no reply. Asked if he was a passenger, and no'answer was given. Mr. Orton was a perfect stranger to him (witness.) Conversed with him that night. Knew him to be Orton, as always knows a man after seeing him once. By gMr. Collens. Did not go to Mr. Dufour's office of his own account. Mr. somebody, don't know who, came for him. Was not asked for his testimony under oath. Felt himself at liberty to tell Mr. Dufour anything he thought proper to tell him. By Mr. Dufour. Never saw the man who came for him. At the conclusion of his examination the witness requested to state that Mr. Orton called upon him and introduced Mr. somebody to him, a Spanish gentleman of very large proportions," who told witnessthat some one up in Toulouse street wanted to see him. This was told by Orton. After he had finished, witness asked who the person was who wanted to see him. He said it was a certain lawyer, whose name he,would not mention. Witness told him that he couldn't go that day. Hee, Orton, then said that the next day would do, and asked witness to mention the hour it would be convenient for him to come. Witness said he would go at 10 o'clock the next day, but did not go. After that Mr. Dufour sent for witness. Mr. Casanas was here called up, and the witness recognised him as the fat Spanish gentleman. By Mr. Dufour. Cannot give any positive answer whether he went to Mr. Dufour's office the day after he saw Orton or not. Swears positively that he did not go to Mr. Dufour's office at 10 o'clock the next day. Does not recollect whether he was at Mr. D's office on that day, Tuesday. Francis Romagosa called. Gave his evidence in Spanish. Knows Mr. Casanas. He, Mr. C., called upon him in relation to this affair three or four days before the original affidavit was made. Mr. Collens here stated that he wanted to show that Mr. Casanas had been about town with a subscription list to raise money for the purpose of buying witnesses. Mr. Dufour objected decidedly. Mr. Casanas had had nothing to do with the case. Judge Bright remarked that if a witness was brought to the stand, and it was charged that he had been bought by Mr. Casanas, then evidence to show this fact would be admissible. Mr. Hunton was quite sure that he had had nothing to do with buying witnesses, and therefore, on the part of the United States, he would object. Mr. Reynolds also' repudiated, on the part of the State, and the examination of the witness closed. Mr. Summers was called. Lives at the corner of Ferdinanandnd Levee streets. Remembers when the Mary Ellen left last for Havana. Was on board that night. Saw little of the passengers, as he did not pay much [ 13] 134 attention. Was sitting on a wharf with another gentleman. Saw a number of people about the wharf, and heard some talk about a passenger. Saw persons going on board the schooner, and saw others coming off from her. As thevessel was about casting off, heard some person say something about a passenger. Heard some one say that he would lose his passage. Saw five or six persons together, but did not move from his seat. Saw nothing which looked like a scuffle. No other witnesses for the defence being in court, Mr. Gustave Gourgoud was called by the prosecution. He keeps a store at No. 105 Levee street, between Main and Madison streets. He is acquainted with a man named Manuel Hidalgo, who keeps a coffee-house, mostly for colored people. He knows a colored man by the name of "Crying Joe." Witness saw him on the evening the Mary Ellen arrived here from Havana, and saw him the next day at the coffee-house of Hidalgo. It was on Saturday, the 28th of July, or thereabout. Saw him about 7 o'clock in the evening. The witness was asked what he heard this colored man say about the abduction of Rey. The defence objected, and Mr. Larue produced authority sustaining the objection. Messrs, Dufour and Warfield replied, and also produced authority. Considerable argument followed, and the court finally overruled the objection, and the examination was resumed. Witness was sitting at his own door, between 6 and 7 o'clock on the evening of the arrival of the Mary Ellen firom Iavana, when'Crying Joe" came along. Asked him whether he was on board at the time that passenger was taken on board, He replied that he was. He.said the passenger was takenby three or four more and put on the deck of the vessel. He said no more to witness at that time.'Witness thinks "Joe" told him he was tied, but does not recollect distinctly. When "Joe" left witness he went into thecoffee-house. "Joe" spoke to witness in French. It was now 10 o'clock, and attachments having been ordered to be issued, to secure the attendance of several witnesses, the court adjourned to meet at 10 o'clock this morning NINTH DAY, Testimony of Jose Ramon Ayala continued.-Garcia told witness that he wanted to see the Spanish consul, and ascertain whether he could not get a pardon when he should return to Havana. Garcia was taken sick at Morante's. Witness was informed of the fact by Llorente. Witness went to see Garoia, when the latter told him that he was very sick, and would like to see the Spanish consul. He requested witness to go and bring the consul to him. Witness replied that as it was such a rainy day he was doubtful whether the consul would come; but being urged, he agreed to go. He left Llorente with Garcia, went to the Place d'Armes and took a carriage. Went to the consul's office, and told him what Garcia wanted. The consul replied that he could not go in his official capacity to see him, well knowing the laws of the country, Witness told him he did not call upon him as Spanish consul, but as an individual. The consul then agreed to go with witness to see Garcia, and he did go. He tolk Garcia that he had not come to'see him in his official capacity, but merely as an individual. Garcia then entreated the consul to hear him; 135 [:13 The.consul answered that hecould not unless it were at his office. Garcia replied that he was ready to go with him. The consul, Llorente, Garcia, and witness then entered the carriage, and proceeded to the consul's office. Witness then retired, leaving the parties mentioned in the office. This happened between the 2;2d and 24th of June, and witness left for Havana on the 27th. Garcia never related to witness what occurred in the office, although he saw him in a coffeehouse on St. Ann street one or two days before he (witness) left for Havana. Garcia said he regretted that he was not going with him; said he expected to be in Havana in a few days. Met him again the same afternoon. He said nothing about having made any declaration before the Spanish consul. He told witness that he expected to be pardoned through the medium of the Spanish consul. Witness has seen Garcia write his name very often. Has written letters for Garcia, and seen him sign them. The letters were written to certain persons il Havana, asking them for money. The persons to whom the letters were addressed were connected with the failure of the house of Pedro, Blanco, & Co. These letters threatened those persons that if they did not send him the money Fernandez had promised him, he would make a declaration before the Spanish consul, and would return to Havana and expose them. A letter was here shown to the witness, and he was asked if he knew it. He replied that he did; that it was the handwriting and signature of Juan Garcia, late second jailor of the jail at Havana. [The letter was translated by Mr. Gormez.] it is addressed to the Spanish consul from Havana by Garcia. Cross-examined.-It was on the 24th, 25th, or 26th, that Garcia told witness he expected to meet him in Havana. Witness sailed from Havana in the P. Soule on the evening of the 27th, underthe name of Jose Augustin Diaz. That name was on his passport. It is not his name. The consul gave him a letter for Havana when he sailed, but gave hirmt no money. Never told any person that he received money from the consul to pay the expense of the trip. If any one has said so, it is false. Witness arrived on Mondaylast on board the P. Sould. During the time the P. Soule was in quarantine.at Havana, witness remained on board. He afterwards (on the 23d) went ashore. He stopped "at a house in. Havana." When he arrived at Havana he had been albsent sixteen years. He called upon his sister and brother-in-law, where he stayed about five minutes. A person who was unknown to him invited witness to accompany him. Witness was taken to a strange house, where he was placed in a small room. Everything was provided for him, and he remained there five days. At the expiration of that time the same man returned, tookl him away, and placed him on the P. Soule. Witness is related through the whole island. Witness was not at all curious to know what kind of a house he was in. He was asked whether he did not know that he was in the jail of Havana. His reply was, No, I never was in the Havana jail. When he was taken to the house he was warned by his conductor not to go out; that he was being searched for and knowing it to be his own interest, he did not go out. Witness thinks the house he was in was a private one. Dr. Palmiera was a passenger on the P, Soule. The doctor insulted him on board, and then told, on their arrival, that his name was not Diaz, but Ayala. This witness supposed to be the cause of his being searched for. As soon as witness arrived at his brotherin-law's house, his brother-in-law told him that he had better hide him 13r 136 [ 1 self; that it was known throughout the town that he was there, and that he would recommend him to a person who would take care of him. Witness heard the name of the man who conducted him, but does not remember it. The man was dressed as a citizen, and he had a cane with a silver head. The witness was asked if he did not know that the police only carry canes with silver heads. He did not know it. If they do, it must be a regulation adopted since he left Havana. The letter from Carlos de Espafia, carried by witness to Havana, was addressed to Sr. Sandeval, the secretary of the Captain General. A few days after the vessel arrived at Havana, the board of health boat came alongside, by which he received a note from Mr. Sandeval. The note stated that he (Mr. Sandeval) had learned from the Spanish consul at New Orleans that he, (Ayala) under the name of Diaz, was the bearer of a letter. Witness enclosed the letter in the note and sent it on shore by Dr. Orta. Does not know Sr. Sandeval, and does not know that he saw him while in Havana. The day he (the witness) left on the P. Soule, he was informed by the man who put him on board that there was great excitement about Rey, and that the Spanish consul was charged with forcing Rey off. All the passengers who came on board were talking about the affair. Mr. Cohen asked the witness why his passport was made out under a fictitious name. He replied that in 1833 he had a fatal rencontre with one of his cousins in Havana, and had since been absent from that place. Witness obtained his passport from the Spanish consul himself. The consul knew his name was not Diaz. J. A. Bonneval was called. Has had a conversation with Rodgers in regard to putting Rey on board the Mary Ellen. Charles Rodgers and two or three Spaniards came to witness in the capacity of aldermen, and wanted to make an affidavit against the Spanish consul for the Rey affair. Witness refused to take any affidavit, and referred them to Recorder Genois as the proper officer. Witness asked Rodgers who had engaged him in the, affair. He replied thatif he had a warrant he could go across the way, to Quadras's coffee-house, and arrest two Spaniards who had the mal Rey taken on board the Mary Ellen. There being no witnesses for the defence in court Rufus Smith, an officer of Judge Bright's court, was called by the prosecution. Witness had charge of five of the crew of the Mary Ellen a few nights since. The five men were called up as witnesses, one at a time. When the five were with witness he.lad them in the barber's shop below. Witness was most of the time sitting down in the front part of the shop. At one time in particular he was standing against a post near the door, with his back to the men. Tlwoof the men were standing near him. Heard one of the men say to the other, " are we to say that we do know anything about it, or that we do not?" Did not hear any reply. Clross-examined. —Does not know the nanme of the man who said what he has mentioned. Does not know what they were talking about. W. S. Brown recalled for the defence. The defence wished to show by the witness that Joe Augustine, or' Crying, Joej" had told the same story to witness that he told in court. The fact was admitted, and Mr. Manuel Hidalgo was called. He keeps a coffee-house, No. 105 Old Levee, First Mlunicipality. Knows the free man of color called " Crying Joe." He recollects the arrival of Joe in the Mary Ellen on the 187 [ 13 ] evening of the 28th ult. It was between 7 and half-past 7 in the evening. Witness asked him where he came from. He replied,'"from Havana, on the Mary Ellen." Witness asked him (Joe) whether they had carried a Spaniard on board, as there was a rumor here to that effect. Joe replied that such was the case; that it was an "abomination;'" that he was taken on board'tied up like a crab." At first, witness was alone with Joe, but he repeated the same statements to other persons afterwards. Joe said that the man was put below, and that the schooner immediately left; that he was kept below during the voyage, everything that he needed being furnished him; that when they reached Havana, and after unloading the schooner, a government boat, with seven or eight officers in her, came off to the schooner, took the Spaniard away and put him on board an American vessel from the north loaded with codfish. Witness saw the man Joe the next day at his coffee-house. Witness asked if no one had called upon him in relation to what he had told witness. He said that no one had called upon him, and that he did not wish to know anything about the matter. Joe took witness aside and told him that he had seen Captain McConnell; that the latter told him not to say anything about what occurred on board the Mary Ellen, as he knew a great many Spaniards, and he might be compromised. Mr. L. F. Ardoy was called by the prosecution. Is a member of the bar; knows John Cook, who keeps a place on the corner of Ferdinand and, Old Levee streets. His reputation for truth and veracity is of the very worst description. Would not believe him under oath. Cross-examined.-Has had lawsuits against him-one in which witness's wife was interested. Never had any personal difficulty with him. Does not recollect the name of any particular person whom he has heard speak against him. The general rumor, however, in, the Third Municipality, and a portion of the First, is, that he is a man not to be believed. By Mr. Dufour. Knows Charley Rogers. He formerly lived in the same neighborhood with witness, and witness knows his reputation in that neighborhood. From what he knows about him he would believe him under oath. The witness was subjected to a severe cross-examination by Mr. Larue. Mr. W. H. Wilder was called. Knows John Cook, and knows his general reputation for truth and veracity to be very bad. Would not believe him under oath. Knows Charley Rogers also, Never heard anything said against him in regard to truth and veracity. Oross-exanined by Mr. Larue.-The witness gave the names Qf six or eight persons in the Third Municipality whom he had heard speak of John Cook. All these persons spoke badly of him in regard to truth and veracity. The cross-examination was proceeding, when the court announced that the hour for adjournment had arrived. The examination was broken off, and the court adjourned to 5 o'clock this evening. TENTH DAY. The investigation was continued yesterday evening at 5 o'clock, the counsel for the prosecution and defence being present. Christian Erslew sworn. Mr. Hunton.- I desire that there should be solme end put to this investigation. Counsel may desire to spin it out, 15 [13] 138 but notify the parties that I desire that it should end this evening; and so far as the United States is concerned, I am ready to submit it. We have already occupied nine days, and it is time the case was closed. Commissioner Cohen. The parties have certain rights which the court cannot curtail; and although it is tired of the case, and anxious to bring it to an end, yet the court cannot force the counsel for the defence to close. Mr. Preaux. As far as the rights of my clients are concerned, they must be prosecuted. Mr. Erslew has known Cook since 1835. Knew him first in Charleston, South Carolina. IKnows his general character for truth and veracity. Have heard people say he was a d-n rascal. -:~ross-examined-Knows Captain McConnell, Did not have a conversation with him on the 4th, but had one on the 3d about his gun. BWeing told to relate what took place, witness said he asked Captain McConnell for his two cannon on board to fire a salute on the 4th of July. Captain McConnell said he wanted to use them himself, and go to sea on the 4th if he could. Captain McConnell did not tell witness that his vessel had been chartered, but witness told some one else so. Witness told some one that the captain's vessel was tied by a rope-yarn, meaning that she was chartered. John Hildebrand sworn. IKnows Mr. Cook; has known him for five years. Knows his character for truth and veracity. Cannot say anything about his character for truth or falsehood. No cross-examination. M. M. Reynolds sworn. Has known Captain M.cConnell for a great many years. Witness has known him since 1837 or 1838. It is a great many years since witness was engaged in the commission business. Considers Captain McConnell an honest and an upright man. Do you believe he would be a party to an abduction? Objected to by prosecution. Do you believe, sir, he would violate the law of his country? Objected to by. prosecution. Mr. Larue then made some remarks to show that he had a right to put the question. Justice Bright. The witness has no right to presume an accused person, who has hitherto borne a good character, to be guilty unless he has been proved so, and it is superfluous to ask the question. Mr. Larue then requested Justice Bright to be sworn to prove the character of Captain McConnell.'' Justice Bright remarked that he thought Mr. Larue was trying to delay the examination of the case, and refused to testify. John Doland sworn. Knows Charles Rogers. Knows him by eyesight; has seen him on the levee. His character is pretty good-the same as any sailor runner. No cross-examination. Prosecution resumed.-Jose Rabell sworn-[in Spanish, interpreted by Mr. C. J. Gomez.] Witness keeps a coffee-house on Levee street, between Ferdinand and the next street, adjoining the cotton press, Third Municipality. Witness says, that on the evening of the 5th of July the Mary Ellen was at the wharf opposite his coffee-house. Saw several persons come from on board to drink at his coffee-house. Cannot tell 139 [ 13 ] whether they were of the crew or passengers. As witness had no barkeeper, he had to remain inside the house all the time. Did not see Rey at his house that evening. There are so many persons coming in and out, that he seldom takes notice of persons. Witness does not know Rey, Cross exa(mited.~-Witness never gave any drugged liquors to any one in his house. He gives nothing but naturaldrinks. Witness thinks he saw a man with a pair of green spectacles come into the house that even ing. Does not know Llorente. Thomas J. Burke sworn. Knows Jose M. Laborde; has known him for about six or seven years. Witness has been intimate with him; they lived together and slept together. Question.-Will you look at this document, and say whether you received it from Mr. Laborde? [T'he document was here exhibited.] Anslvcer.-Yes, sir; I received this paper from Mr. Laborde. I received it some two or three days before the affidavit was made in this case. Witness being requested to state how Laborde came to give it to him, said that Mr. Laborde told witness he had written out all the facts concerning this affair for the Delta, but that on account of the intimacy existing between Laborde's uncle and the Spanish consul, he had torn it up. Witness then told Mr. McGinness what Laborde had said, and Mr. McGinness sent witness back to Laborde, who then gave witness this document. The paper was written in the presence of witness, who brought it down and gave it to Mr. McGinness. There was no name signed to it. La horde told witness wien he gave him the document that the Delta had already published all the facts concerning the case, and he (Laborde) had very little to add. Mr. Laborde did not tell witness how he became acquainted with all the facts of this case. Question. -Will you be kind enough to state what Captain Smith told you about this man Rey? Answer.-We had a conversation one afternoon together on the corner of Chartres and St. Peter streets. It commenced to rain, and we sat down. After conversing awhile, Mr. Horton came up and asked Mr. Smith if he did not recollect what Captain MicConnell had said? Mr. Smith said yes. He asked him if he did not recollect that when Captain McConnell was hailed from the steamboat, he replied that if the cook did not come soon he would make a cook of the Spanish consul's man, or get him to cook? To which captain Smith replied yes. Mr. Larite here objected to the wvitness giving such testimony. Mr. Dvfour. If the court please, we offer this only as rebutting testimony, and I will states in justice to Captain Smith, who is out of town, that he would otherwise have been here to state this fact. 3ir. Larue read authority to show that no rebutting testimony could be offered wvvhen the statement had not been made on the stand. 1Mr. Hunton maintained that the effect of the question was to prove, in the absence of Captain Smith, what he had said, not on the stand, but to another person, and that person was the witness. It was, then, certainly legal to prove what he had said, not as rebutting testimony, but as in addition to Smith's previous testimony. Mr. TVarfield then read that part of Captain Smith's testimony, and remarked that if Captain Smith. were here, he would state what the witness says. [13 ] 140:Mr. Larue contended that the testimony of the witness could only be offered to impeach the credibility of Smith. Mr. Hunto,. We do not desire to impeach his testimony, but to supply what Mr. Smith would have said himself. IMr. Larue further contended that the question could not be put, nor the testimony received, under such circumstances. The court ruled that what a witness wastold in the street was not evidence, but the witness might proceed to state what a former witness had said in order to complete his evidence, and the court would judge of its bearing in the case afterwards. The question was then again put, and answered. For defence.-Salvador Pratts sworn. Witness knows Charley Rodgers. He is a man of light complexion, and arunner on the levee. Witness knows that Rodgers had a quarrel with Captain McConnell about a year and a half ago. On that occasion Rodgers said to Captain McConnell, "You d —-id son of a b —h of an Irishman, you shall pay for that one of these days." Rodgers then left the vessel and went ashore.?or prosecution.-Antonio Ricardo sworn —[in Spanish, translated.]Witness is employed by Joseph Morante. Recollects the man Rey, alias Garcia. Recollects seeing him on the 5th of July last. Rey dined that day with the witness, at Mr, Morantess chocolate manufactory, No. 52 St. Ann street. Morante was absent the whole of that day, and was not at dinner. Witness and Rey dined that day at about 5'oclock; they generally dined between 4 and 6 o'clock. Rey was in the shop that day during the morning, until dinner time. Recollects seeing Mr. Villarubid there that day-also Mr. Llorente. Llorente took Rey away after dinner. Cross-examnined.-Does not recollect the day of the week Rey dined with witness; it was on the 5th of July. Witness knows it was on that day, because he keeps an almanac in which he makes a memorandum of moneys received, &c. Witness also recollects it because Morante was absent all that day. Does not recollect if Rey dined with Morante on the 3d of July. Rey occasionally dined with witness, and sometimes with Morante. Mr. Hunton. Well, sir, on the part of the United States we are now through. Mr. Dufou?. We are through entirely. Mr. Foulhouze submitted to the court an affidavit signed by the Spanish consul, asking for a continuance for ten days, until intelligence could be received from Havana, when he expected to prove by authenticated documents from the American consul at Havana, that Rey, alias Garcia, had left voluntarily, and had refused the protection of the American con. sul. Mr. EHnton contended that it was no ground for a continuance. No authenticated documents of a consul can be used in a criminal case. It was the fundamental principle of the law that the witnesses should confront the prisoner face to face. The defence seemed to exaggerate the powers of a consul. General Campbell's certificate could be of no avail in this case. Tihe certificate of the President of the United States could not be of any effect in this case. He further urged that there were no good grounds in the affidavit for a continuance. Mr. Foulhouze replied, and stated that the Spanish consul had no i41 [13] reply to make to the United States district attorney. He knew his social position before the world, and would submit to the law. Commissioner Cohen. If these documents could not be read in evidence, there would be no use granting the delay. Mr'. Collens then argued at length that they would be admissible in evidence, and that commissions had been allowed to take testimony in criminal cases. The gentlemanr tited the case of Hornsby, in 8th Rob. Reps., to support his position. Mr. Hunton considered that the fact of a certificate coming from the American consul that he had had a conversation with Rey, and that Rey had expressed no desire to have the protection of the American consul, would be preposterous -to be offered as evidence in this case; that such a document could not be received. Mr. Hunton then read authority showing that the consul had no judicial authority, but that his powers were closely confined to civil matters. He was the mere commercial agent of his government. Mr. Hunton would ask if the certificate of the American consul would be evidence in a suit involving the title to a house and lot? 7r.. Collkns. Certainly not, Mr. Hunton. Well, then, if it would not be in the case of a house,and lot, would it be in a criminal case [Great laughter.] Mr. Collens here read the case cited in Sth Rmb. Reps., where the court of errors decided that a commission wotild issue to take testimony in a criminal case. MSi. DYfour contended that if the party intended tc take any deposition, they should propomnd interrogatories, and gie the prosecution a chance to put cross-interrogatories. But no statement of this kind was contained in the affidavit, and it was now too late for the defence to avail themselves of it; and, therefore, it was no ground for a continuance. r.. Collens argued at length the right to take a deposition out of the State, and cited the case of Munroe Edwards) who, in the. State of New York, was allowed to take depositions in this State and at Havana. He did not, however, wish to take the deposition of Rey; it was merely the'declaralion of the American consul he required, to show that he had con. versed with Rey, offered to protect him, and that Rey had voluntarily left New Orleans. This was an act of a government officer which he wished to bring before the court. MI'. IHutton. Siuppose, Mr. Collens, that the American con'sul was to certify that Rey told him he was handcuffed, gagged, and carried to Havana: would it be good evidence? [A laugh.] Mri1-. Co/lens. Yes, sir, it would be good evidence; and if Rey had told General Campbell so, he would have been sent to the United States, and he would now be here. Mr. C. further argued the point at length. Commissioner Cohen remarked, that if it could be shown that the certificate could be read in evidence when received) the court would grant the continuance; but if not, it would be idle and all nonsense to allow it. Mri. Collens here read the authority at length cited in Sth Rob. Reps. Mr. Hunion read from Gordon's Digest of the Laws of the United States, that the certificate of a consul, to the effect that a person was about to leave for the United States, would not be good in evidence., He contended that the certificate of General Campbell, that Rey had voluntarily left the United States, could not, on the same ground, be read in evidence. [183 142 Mr. Larue read from a French work on the powers of consuls. [Here some of the opposite counsel sneezed and laughed.] The gentlemen may amuse themselves as they please with my French, as the witness did at their Spanish. Mr. Hunton read from Ingersoll's Abridgment, and contended that consuls might take the declarations of American citizens, but not foreign citizeng. The debate was closed by Mr. Collens in a speech. The court decided that it was very doubtful whether the declaration could be read in evidence; but it was willing to give the benefit of the doubt to the accused, and grant the delay of ten days, reserving the right to exclude the document when received, if the court should be of opinion that it was not relevant. Mr. Hunton was anxious that the case should come to a close. He was willing to admit the document Was here, and proceed with the case. He would admit the declaration, but he stilt objected to its admission in evidence. The course was not acceded to by the defence. The court then said that, supposing the document now laid on the table, the question was, whether it could be received in evidence. The court was of opinion that it could; that itvwould go only for what it was worth. lMr. Dufour then proposed that the argument of the case should proceed, admitting the document in evidence; and if then the document arrived, and the court had not decided the case, the court shouldt then determine upon its admissibility in evidence. The proposition was accepted and agreed to; and, the testimony being closed on both sides, the court adjourned, to hear the argument of the case this afternoon at 5 o'clock. ELE VENTTH DAY. Summing up of the evidence. At 5 o'clock p. m,, yesterday, the court-room Was crowded, to hear the arguments of counsel in the case. We give a condensed report of the same. J r. Dufour, for the prosecution) stated that he stood on the ground of an outrage committed on our soil. He asserted that the evidence fully sustained the charge alleged against the defendants. Mr. Morante" was the first to make an aidavit in the case, who felt that his feelings as a man, and his sacred home, had been violated.' He came to cause this investigation, and has acted faithfully. The Spaniards in this city had a right to know whether one of their own countrymen had actually been made a victim of this midnight abduction. The press first sounded the alarm. In the mean time, the Spanish consul, feeling the pressure of public opinion, found it necessary to say something; and a letter was published by his friend, Mr. Foulhouze, containing a bold challenge to investigate the case. Captain McConnell also, on his arrival, published a card, challenging an investigation into his conduct. In the month of May last, three persons sailed from Havana for the 143 [ I] United States; they arrived at Apalachicola. These three persons were Rey, Vicente Fernandez, and Villaverde. This is proved by the exorto sent from Havana by the Captain General to the consul. [Mr. Dufour here read the letter from the Captain General of Havana.] Here is evidence of the fact of the escape of these three persons. On the 1st of June, the consul makes the following answer: [reads the letter of the Spanish consul to the Captain General of Havana, already published.] The closing line of the letter alludes only to the person who effected the escape of the prisoners. The consul states that the reason why the exorto could not be executed was, that the laws of the country, the nature of the offence, and the condition of the individuals, did not allow it. He adds, however: "I think that the means I have put in motion will permit me to give you further information in regard to the prisoners." This letter alludes to some secret letter which accompanied the exorto. We see the Spanish consul going to the office of the Mexican consul, and requesting to be informed if two persons should call for passports under certain names. The Spanish consul says, I learn that Mr. Fernandez is going to Vera Cruz; and if he dared to go he would be arrested, for there was a treaty of extradition existing between Spain and Mexico. This was strange conduct on the part of the Spanish consul. But what was the result? Why, Fernandez, notwithstanding, sailed immediately for Vera Cruz. Another of the means put in motion by the Spanish consul was a conversation held with Trescazes. We see the Spanish consul going to a coffee-house making inquiry for Trescaesz. He tells Trescazes that a man, formerly a turnkey at Havana, has escaped with two other prisoners, and if he will assist to arrest, he shall be well paid. Mr. T. refuses, and supposes the Spanish consul would have given him $500 for his services. On the 8th of June another person makes his appearance on the boardsDon Fulgencio Llorente. We see him going to the house of Miorante to procure for Rey a place of safety, and fromn that moment we see him in his grasping clutches. We see him poisoning the ear of Rey with all sorts of fear and apprehensions for his safety, telling him that Fernandez sought his life. We see him at the house of Morante with Rey, when the latter was ill, introducing two persons whom he calls his friends. And who are they? Ayala and the Spanish consul. These confessions are made by Llorente to Morante, in which he tells him that Rey had been sent off to Havana. Ml4. Dufour here detailed the testimony of Rey being carried to the house of the Spanish consul by Llorente and Ayala, and of the manner in which the declaration of Rey was made. It was written positively in the. parlor of the Spanish consul, and witnessed by Llorente.'What means' were taken to make Rey sign it, God alone knows-whether it was by moral persuasion or by force. At the same time he showed it was the evident intention of Rey to go to Vera Cruz. Hed had procured a passport from the Mexican consul, and, missing the mail steamer, he engaged a passage on the Titi, and, up to the day of his abduction, he had applied at Fernandez's store for money. Mr. Dufour then proved that the letter of Sandoval did not relate to Rey as the person who was expected in Havana, but Ayala. It was on. the 27th of June that Ayala sailed for Havana. Rey made his declaration on the 26th. By that letter it would appear that Rey had promised to comply with something. Then it would [ I1 ] 144 appear that Rey was ready to staTt on the 19th of June. The letter was intended to deceive the public, the court, and the prosecution, and the Spanish consul knew it. 1Mr. DuJfour showed that Ayala had been sent to Havana for the purpose of giving political information; that he was secretly received at Havana, and carried to the Castilto del Principe; and kept there till.the P. Soule (the vessel on which he sailed) returned. We see, he said, that the Spanish authorities keep on the American soil a secret'police for the purpose of crushing the spirit of liberty which is struggling in the island of Cuba, and for the purpose of crushing influential families who are desirous of obtaining their liberty from the Spanish yoke. He contended that it was not the life of Rey that the skilful and artful maneuvring was aimed at, but the political offenders; and that they wished to secure Rey to carry out their ends. Mr. Dufour then commented on the testimony of Mr. Laborde, the conduct of Captain McConnell, and the extraordinary course of the Spanish consul, who was seen by Careno with Marie, walling arm-in-arm with a man who it was shown in evidence only visited low balls, coffee-houses, and police courts. He stated that it was beyond a doubt that Rey had been abducted, and through the agency of the Spanish consul. In concluding, Mr. lDufour said that the nfrtional dignity had been trampled upon. He had done what he conceived to be his duty, and he would leave the case in the hands of the State and the government. Mr. Wa.field occupied the court for an hour, and read the law applicable in the case. IM.r. Reynolds said, so far as the State and the government were concerned, the case was submitted. Mi. Preaux, on the part of the defence, then rose and addressed the court in trench, and spoke until near eleven o'clock, when the court adjourned. The argument will be resumed to-morrow evening at five o'clock. TWELFTH DAY. The court again met yesterday evening at 5 o'clock. The same interest seevmed to prevail, and the court-room was again crowded. lir. Preaux, for the defence, spole in continuation for more than two hours, contending that the Spanish consul was innocent of the forcible abduction of Rey. Mr.'oulhouze then followed on the same side. He said that the best men may be charged by the lowest characters with crime, who thereby ran no risk. The diplomatic agent of a great nation is dragged before this court for assault and battery. After the mind of the public has been poisoned, he is brought before this court for an examination. Who was his accuser? Morante. Let him come forth in this court and say who and what he is. He asked the court to take into consideration the high position and standing of the accused; also, to review the character of Captain McConnell. The latter had been among us for seventeen years, and had always borne the character of an honest man, and yet he is brought here on a charge of assault and battery. Who was there who could consider this monstrous and mysterious kidnapping as assault and battery? Mr. F. dwelt on the good character of Mr. Eagle and Mr. Marie, who were honest men, notwithstanding the attempt on the part of the prosecu 145 [1] tion to defame them. He attacked the witnesses for the prosecution, and denounced Fernandez as a thief. He spoke of Mr Llorente. He had been a man of fortune; he is a literary man. He was a man whose misfortunes had all but driven him mad. Mr. F. alluded to the publication he himself had made in favor of the Spanish consul. He attached no blame to the counsel for the prosecution, nor to the newspapers, though some of the latter had attacked him as the counsel of the Spanish consul. Mr. Foulkouze reviewed the testimony, arguing that the accusation could-not stand. He denounced Villaverde as a traitor, a "Benedict Arnold." It did not follow, he said, because the Spanish consul was seen with Marie, that he was cognizant of all the occurrences that took place on that day. Mr. F. explained a mistake in his letter, published in the Bulletin. He spoke of Mr. Sandoval's letter of the 27th June, which related to no other person than Rey. IHe showed that by the letters of the Spanish consul he had taken an interest in the fate of Rey. He then alluded to the exorto, and contended that the Spanish consul was bound to take notice of it; but he had informed his government that he could not act, as our laws did not permitit. This, he contended, showed the respect which the consul had for our laws and institutions, Mr. F. then spoke of the powers of consuls, and commented upon the nature of the-offence committed. When Napoleon caused the Duke D'Enghein to be kipnapped, was that an assault and battery? He contended that there was no offence committed by the Spanish consul. He denied that the opposite counsel could bring any number of Spaniards, (legion,) without his showing that they were either fools or enemies of the consul. Mr. Trescazes was one of these; but time would soon develop that gentleman's course. Mr. F. alluded to Mr. Laborde's testimony, and explained the cause of his hoaxing the Delta. Laborde'shoax could not be taken in any other light, as surely as he would not inform on the friend of his uncle. The Spanish consul and Captain McConnel were the grand movers in this vile abduction, if there were any persons guilty, and the testimony proved nothing against them. He attacked the character and veracity of CharleyRogers. He called the attention of the court to Rey's letter, admitting that he was content at Havana; that he had left voluntarily; and quoted its language, to "tell the rascally people that he had left of his own accord." In speaking of the written documents in evidence, he related an anecdote of Cardinal Richelieu, who said he could convict any man of crime who could write a letter of three lines. He contended that the prosecution had shifted their ground. Mr. F. cited Wheaton on International Law, to show that no conspiracy existed in the case. In concluding, he called attention to the course the Spanish consul had pursued; that although it was doubted that the justice had power toissue the writ, yet it had been obeyed; that although it had been questioned whether this court had a right to sit as it is-.a justice witha United States commissioner-yet no objection had been made. Mr. Collens then followed on the same side, and. said he should review the whole of the testimony. Mr. C. then read fonm Starkie on Evidence, vol. 1, p. 493, on the law of evidence. He should content himself with reading the law on the subject of the alleged charge of assault and battery, notwithstanding the prosecution had 16 [ 13 ] 146 brought in the terms abduction and conspiracy. The prosecution, on the one hand, show that a man named Rey, who had procured a passport for Vera Cruz, with the intention of going thither, was forcibly seized and carried against his will to Havana. On the other hand, he contended that Rey was anxious to return to Havana; applied to the consul for that purpose, who obtained his pardon from the Captain General, and that Rey went off by his own free will. The court would draw its conclusions from the facts and the evidenee, which go to support these two grounds. It is clear that one or the other must be wrong, and the court would decide. Mr. Collens reviewed the testimony, commenting ashe went along, showing that throughout Rev was evading Fernandez, who had deserted him, and whom he feared, and that his whole conduct showed that he desired to get back to Havana. He contended that no case had been made o.ut against the accused. It being then past 10 o'clock, the court adjourned until this evening at 5 o'clock, when Mr. Collens will resume his argument. He will be followed by Mr. Larue, and the case will be closed by. M. Reynolds, district attorney, on the part of the State, and Logan Hunton, United States district attorney, on the part of the government. -THIRTEENTH DAY. -Their honors took their seats at 5 o'clock, the accused all being present, as well as the counsel on both sides. Notwithstanding the heat of the weather, a large audience filled the court-room. Mr. Collens resumed his argument for the defence. He proceeded to examine the circumstances from the 18th of May, and related the conversation between the Spanish consul and Trescazes, who had stated in his testimony, first, that he made no answer to the Spanish consul's proposition; and on his next examination he says he advised the consul to get out a writ, and he left'him. He alluded to the statement thqt Trescazes had made as to tle situation of the consul's private parlor, and invited the court to visit the premises so that they might satisfy themselves. He quoted from Greenleaf, vol. 1, sec. 217, to show that confessions or declarations made in private are the weakest kind of evidence, unless corroborated by surrounding circumstances. Trescazes was only called to obtain information, and not to make any arrest. This was proved by the testimony. His testimony was contradicted by all the surrounding circumstances.'Trescazes mentioned Rey. At that time Rey was only known by the name of Garcia, proved by Duquesny, the chancellor of the consul. Mr. C. contended it was sufficient to disprove this testimony of Trescazes by a single witness. To prove that the Spanish consul had not the information which Trescazes said he had, Mr. C. called' the attention of the court to theletterto the Captain General of Havana, in which he asks for the information. The consul had absolutely written to Havana for Garcia'spardon, as was testifiedto by Duquesny andAyala, who said Garcia told him so. He alluded to the declaration made by Rey, and its object, and read the letter of Sandoval toprove that it was the information expected that should not be impeded not the man. The evidence must be such as toexclude innocence to make it conclusive. But where the hypothesis of innocence was raised by the evidence, it must go in favor of the accuse(j. It was all 147 [ 13] supposition and imagination on the part of the prosecution. Mr. C. commented on the testimony of Morante, whose evidence was all supposition as to the abduction of Rey; and Garcia had told Morante the Spanish consul had been to see him; and if Garcia had felt that there, was anything wrong at the time, he would have told Morante, and taken, means to escape, but Garcia had refused to tell Morante anything further. Why did he go, then, to the house of the consul on the 27th of June? It was to make the declaration, on which he expected his pardon.'How could it be said that a declaration was forced. from him, with daggers'hanging over him, when it was in evidence that Rey went frequently to the consul's house afterwards; was at perfect liberty; and, on the 3d -of July, went back by himself, alone? Mr. C. here' alluded to the conflicting testimony of Careio, which was disproved by Morante and two other witnesses; that everything showed that Rey wanted to return to Havana. Mr. C. explained the reason of Ayala's going to Havana; he was under the belief that he had been pardoned by the decree of amnesty of Spain. The prosecution had assumed the ground that the letter of Sandoval related alone to. Ayala. This was all supposition; the facts show the contrary, and are sustained by the second letter from Sandoval, acknowledging Rey's arrival. As to the occurrences of the 2d of July, when the consul was seen walking withl Marie, they had no bearing on the case.; It was astonishing how gentlemen would distort the most natural occurrences by their imagination. Much stress had been laid on the detention of the Mary Ellen, but it had been satisfactorily accounted for. As to the occurrences of the 5th of July, the witnesses for the prosecution had stated that Rey did not leave Miorante's house until half-past 6 o'clock, and that he had stayed there all day, when it was in evidence.that Rey had gone to Ferandez's cigar store, and asked for fifty cents. The fact that he had returned the pistol borrowed fiom Morante, showed that he wished to keep his departure a secret from him.. Mr. C. here spoke of his drinking in the coffee-house; his walking out alone; his being disguised; all concurred with the preconcerted plan of his secret departure. It was absurd that a man should be carried on board a vessel against his will, without struggling or hallooing, and hundreds of people near to assist him. Were these facts consistent or not with Rey's desire to go on board? To constitute the offence, there must be an act of violence proved. Was there any violence shown here? Mr. C. here attacked the testimony of Rogers, and contended it was very strange he was the only one paid. Why were not the others paid who assisted? The story was fabulous on its very face..Mr. C. contended that the man had not been forcibly abducted. It was for the prosecution to show the contrary, which they had not done.. In concluding, Mr. C. said it was for the courtto ask themselves whether, on the testimony, a jury would find a conviction. Mr. G.then read from Bullard & Curry's Digest the duties of justices of the peace. The crime must be established before they would be warranted in committing the accused. MIr. C. here submitted. the case. ir. Larue rose at half-past 8 o'clock, and believed that the court must come to the conclusion that the. accused were innocent of the charge alleged. He spoke of the excitement at the commencement of the prosecution, public prejudices against the accused excited by the press, and the [13] 148 circulation of the most startling rumors. The defence had labored under all these disadvantages, besides being deprived of witnesses, and other means for making a defence. Had any crime been committed? It was for the court to act impartially. The only question was, Had Juan Francisco Garcia been carried away against his will? Mr. L. reviewed the testimony. The Spanish consul had employed Llorente as his agent; it was no crime to do it. lie had a right to employ him. This man Rey was not only willing to betray the secrets of Fernandez, but also those of Villaverde. if' Lloente could have been a witness, it would be seen that:Rey had said he couldmake disclosures against FernandeZ. When Rey determined on this double treason. he leaves the house of Fernandez,cut all his former friends, and is brought by his own desire to the house of the Spanish consul, where he makes the disclosures, out of revenge, against Fernandez, and perhaps to obtain his own pardon. Mr. L. commented on Sandoval's letter, and the astonishment which the opposite counsel had acknowledged it had produced in theme This letter could not apply to the circumstances of Ayala, who went to Havana after an absence of sixteen years, remaining there secreted, without time to make any declaration, and returning on the same vessel. Mr. Larme dwelt on the character and conduct of Garcia, both here and on board the Mary Ellen. He spoke of the testimony of the crew, who had told the truth, and should be believed. If Rey had been violently abducted, why did he not'make exertions to leave with the pilot? He was free about the ship. Why did he refuse e the rotection of the American consul on board the Andrew Ring? This case had been compared to that of a rape and though the outraged individual should not complain, yet the outraged law required the punishment of the offender. Suppose Rey was the outraged female) and confessed he did not call for aid When aid was at hand; he would ask the court whether it would not spurn such a case? Mr. Lame asked the indulgence of the court, it being half-past 10 o'clock, to allow him to conclude his argument on another'day. The request was granted, and the court adjourned till to-morrow (Monday) morning at 10 o'clock. It was finally agreed. that the case should then close. FOURTEENTH DAY. The court met at 10 o'clock) tle accused and counsel being present, and the room crowded as usual. Mr. Larue resumed. He (Mr. Larue) assumed that there had been an actual abduction, but could any part of the testimony affect Captain McConnell? He belonged to a race that had been crushed for the last seven hundred years. Captain McConnell was an exile, and had lived here for the last twenty years. Could such a man have lent himself to an act of tyranny for lucre? Captain McConnell cleared his vessel for St. Thomas, it being common enough to clear for one port with- the intention of going to another. It was proved that the cargo consisted of lard. Captain McConnell cleared on the third, and did not sail until two days after. He could not sail on the third, as he had freight to take in, and on the fourth there was no tow-boat. But it had been said that the vessel had been chartered by the Spanish 149 (13] consul, and her captain had received two hundred doublooils. The two hundred doubloons was the money Captain McConnell received from Verdelet, carrying them for nothing, he being a friend of his, on condition that he would send no letters or papers. These were the two hundred doubloons said to have come from the Spanish consul. Captain McConnell had refused 1300 to carry a celebrated courtesan to Havana. This was the person alluded to when Captain McConnell said he would not take a passenger to Havana for $300. Captain McConnell went to the SpAnish consul's the day he sailed, for a clean bill ofhealth. If Rey had ben abducted, he need not have required a passport; but the first thing Captain McConnell asked for on the passenger coming on board was, to see his passport. If Captain McConnell had been engaged in an abduction case) he would not have told the captain of the tow-boat that he expected a passenger) and if he did not come when the cook arrived, he would not wait for him. He would have concealed the fact that he expected a passenger, and would have secreted him below. All the facts proved that Captain McConnell was innocent of any attempt at an abduction. The fact that Rey was put on board an American vessel went to prove that there had been no violent abduction. It had been reported that on the arrival of the Mary Ellen at Havana, a private signal had been made and answered from the shore; but it was untrue. Mr. L. here read from Bullard & Curry's Digest 529, relative to the duts of jstices otheuthe peace. The crime must be established by two credible witnessesand no crime had been proved. He reviewed the testimony of' Rogers and Trescazes; it was of the weakest nature; it was false. For the sake of argument, admitting it to be true, there is no proof that Rey did not go voluntarily on board. Rogers had had a quarrel with Captain McConnell; he had called him, on leaving the vessel a d-d son of a b-h, and said that he would pay him off for it. Was the testimony of a man who had let himself out as a bravo for six dollars to be admitted? Mr. L. said it was the duty of the court to discharge these individuals. He had no doubt that there were individuals who would like to see them sent to the criminal court, and thus keep up the excitement. This case he compared to that of O'Moore, charged with the murder of Scraggs, the collector, described in Charles O'Malley, where, when Scraggs appeared and denied having been murdered, the foreman of the jury found O'Moore guilty, and said he ought to be hung, any how. In concluding, he alluded to the explanation he had made in regard to Mr. Wilder, whom he had called a willing witness. He wished to be understood that he never did anything under the fear ofthreats and he now Withdrew the explanation, and desired his words to stand in their most offensive signification. An adjournment then took place to 5 o'clock this afternoon, when Mr. Hunton, the United States district attorney, will address the court. EVENING SESSION. The final arguments in this case were made on the part of the prosecution yesterday evening, when the summing up was brought to a close. M. M. Reynolds, esq., the district attorney, addressed the court, and said: No ordinary case had brought their honors together. He had been [13 8] 160 pleased to see the greatestlatitude allowed in the examination. One oil the individuals in this prosecution was a gentleman ofhigh standing, and, if he had not succeeded in establishing his inocence, it was not his fault. In his opening remarks he should briefly allude to the publication. of the letters which had appeared in the public prints. Mr R. here read the letter of Mr. Foulhouze, defending the Spanish consul. This was the first declaration of innocence on the part of Don Carlos de Espafia It became important to know when the first conversation of Rey took place with the Spanish consul. It must have been on the 23d of June when Garcia asked for his pardon; and it was impossible that the consul could have received an answer from Sandoval, at Havana;, whose letter was dated on the 27thl of June. It was impossible that the passport could have been given to Garcia in accordance with the instructions of the letter of Sandoval, that Rey should assume the name of Pedro urga y Romeo. W\e see, then, from the commencement, the Spanish consul issuing false passports. Was this the only instance in which falsehood issued from the Spanish consul? No, it was not.. We see the honest Ayala also going to Havana under a false passport. Mr. R. appeared in this case from the beginning with great regret he spoke not only for himself, but for the State. He would call particular attention to the phraseology of this letter of Sandoval's. The authorities in Cuba were as unscrupulous as their officers here; for we find them directing false passports to be made out.'What was the treatment of Ayala when he arrived at Havana? A government boat is sent off to him, and, after his quarantine is served out, he is taken by the government officers and kept secluded in a private house. How was it that communication was allowed between the government and Ayala during the existence of the quarantine? Ie then adverted to the letter of El Conde de Alcoy, which he read, dated the 27th June, and contended that the letters related to separate individuals. Sandoval's letter of the 27th of July wag then read by Mr. R., which mentioned Rey's arrival at Havana, and he felt certain that, from the difference of the language used, Sandoval's letter of the 27th of June could not have related to Garcia. It had been asserted by the defence that no abduction had been established. They must have forgotten that the testimony shows that the deepest laid schemes for an abduction had been oncocted that ever were known in the United States. Mr. R. here revised the testimony relating to the manner in which Rey had been carried off. He contended that Charley Rogers was entitled to full belief. The defence had attempted to overthrow the prosecution by attacking the veracity of the witnesses-not by argument. Nothing could be said against the character of Orton; Careiio could not be bought with royal gold, and kept from appearing against the consul. Mr. Lame had asked why had not Rey attempted to escape and call for help when on board the vessel going down the river? Rey was a weak, feeble young man, and knew that it was useless to attempt to escape, as he was in the hands of his enemies. He could not speak English; and how did he know who the pilot was? Why was it that Trescazes's testimony had been so voilently assailed?-a man whose reputation could notbe impeached. It was because he had refused to be bribed by the Spanish gold of the consul. The scene and proceedg s on the wharf, just previously to the sailing of the Mary Ellen, were 151 1 1 then dwelt on by Mir. R. at length. He related an anecdote of a burglar who had told his lawyer that the testimony of the officer who had arrested him in the act would be too much for him, and it would be found that the testimony of Trescazes and McGovern would be too much for the Spanish consul. Mr. R. then travelled over the ground of all the testimony, controverting each position assumed by the defence. Mr. R. alluded to the argument made by Mr. Foulhouze, that the prosecution should have given a bond of indemnity previously to making the affidavit, but he could not have been serious. Mr. R. spoke of the character of Morante, against whom not a word had been said. He regretted that Captain McConnell had been associated in this affair, but the testimony was conclusive that he was cognizant of the abduction. Mr. R. then dwelt on the character of Llorente, who, it had been said, had once been wealthy, and was a literary man, but who was nearly crazy from the reverses of fortune. It was something more than the reverse of fortune it was the blood of his fellow-man-which was now crying out for vengeance, that was driving him crazy. He was the pure honest man —the able and successful intriguer. After again adverting to the positiopn of the defence and the conflicting evidence, Mr. R. read the law relative to the powers of justices of the peace, and said it was sufficient, if the court was of opinion that an outrage had been committed, to commit the accused. He also read from Davis's Justice, p. 75, to sustain his position that, even where the guilt of the prisoners was doubtful, the justice was bound to commit the prisoners and hold. them to bail. He contended that, if the court were of opinion that no crime had been brought home to the consul, he would ask for the committal of the other three prisoners, against whom the evidence was con-. elusive. Mr. R. said his duty had been brought to a close; and, if he: had neglected any points in the case; Mr. Hunton, who would follow,. would supply the omission. Ai}r. Hunton then rose and said: Jaded and worn out, as they all were, with this investigation, he would be willing to submit the case without further comment, if it had not been expected that he, as a government officer, would express his views in the case. He had appeared in court as a spectator, as anamicus curice, rather than a prosecutor, watching carefully the whole of the proceedings. He had been anxious that the Spanish consul might exculpate himself, for he was a gentleman of high standing, who came among us accredited as the representative of a great foreign government, with whom we were upon terms of amity. He had been anxious that he should prove the innocence of the charge, because he was desirous that the peace of society and thesupremacy of the laws should be sustained. In explaining his position before the court, Mr. H. said that, whatever might be the result of this examination, he took the responsibility, and fell that it was demanded by society; it was due to the consul, and it was due to the national honor of our country, that the examination should have taken place. Hee would call the attention of the court to two points which were pertinent to the issue: 1st. That consuls are amenable to the laws where they reside. 2d. That under our peculiar system of jurisprudence, our federal tribunals have exclusive jurisdiction over the State courts in cases affecting consuls. He should, after a rapid survey of the [ 18 ] 152 testimony, then show the court what was its duty as magistrates of the United States and its citizens. Mr. H. then read from 1 Kent's Commentaries, pp. 43 and 44, 3 Story's Commentaries on the Constitution, p. 522, and Rawle on the Constitution, p. 293, for authorities cited by Story to sustain the first proposition. In passing to the second proposition, he cited Constitution of the United States, art. 3, sec. 2, which gives to the federal courts exclusive jurisdiction in regard to offences or crimes committed by consuls. He again cited the same authorities, Kent, p. 45, and 3 Story, 623.'Mr. H. referred the court to the case of the Commonwealth vs. Caselock, 5 Rawle, who was a Russian consul, and was indicted for rape. He was brought before the supreme court of Pennsylvania, and it was decided by the judge that the State had no authority, and that the federal court had exclusive jurisdiction. The general doctrine was, that the federal courts have only cognizance of officers created by the statutes of the United States. He was of opinion, that from the 11th section of the act of Congress of 1789, the federal courts have cognizance of offences committed against the laws of States. It was not disputed that assault and battery and false imprisonment was an offence punishable by fine and imprisonment, and that all accessaries were amenable. The federal courts were governed in their forms by the common law, to which he would refer. He cited Conklin's Treatise on Federal Courts, p. 395, and Blackstone, 4th vol., 295. It was clear that an offence had been committed, and that one side or other deep and damning perjuries had been committed. There was a mountain, a sea of suspicion, which he had in vain tried to clear up-to remove. He would recur to the facts of the case. He here summed up and bore upon the documentary evidence and the testimony, showing the strong suspicion -that prevailed throughout the case. Everything connected with the voy-:age seemed linked with falsehood false passports, false crew-lists, and ~false clearances. [Laughter.] The whole affair is enveloped in a cloud of falsehood and mystery. When we call upon them to clear up the mystery, (which is in their power,) and beg them for God's sake to allay the cexcitement and quiet the alarm excited by these suspicions, they answer, -Humbtug! it is all humbug When they are called upon to explain the mystery about these letters, and to show the letter which called forth the answer o1'Sandoval, they say, "Oh, we can't." He would not have the court examine this case as a jury, but it would require the same proof from the prosecution as in ordinary cases. He would try a consul as he would try a member of Congress. The court should not rely upon suspicion, but we would say thatenough had been proved to requre bail from all the parties or to commit them to prison. Mr. H. then took up the prominent features of the case, and argued on the facts. It was not reasonable that Rey would be anxious to return to Havana, after having effected his escape under the known circumstances. It was not controverted that the consul had received orders from the Captain General to send Rey back; it might be inferred, then that the consul had something to do with it. Trescazes's testimony was conclusive; it had not been impeached. The consul was not punishable for having made the offer to a custom-house officer, (Trescazes,) but he deserved for it a stern rebuke. The consul had asked for a violation of our law.'rThis was not all; there was evidence of the fact of the corvus delicti, that Rey 153 [138 was taken on board the vessel. Mr. H. here dwelt on the testimony and character of Rogers, who had sworn that he was employed to put a stub. born man on board the Mary Ellen. He said he did it; he swears he did it; and although every effort was madIe, his character could not be impeached. lie thought the gentleman pointed out to him was not asailor, [great laughter;] but he took hold of him by one arm, and helped to carry him down to the vessel, and, as we have seen, launched him on board. If he had been disposed to swearfalsely, he would not have told you that the man resisted; he would not have told you he only got six dollars; he would have said he obtained a high price. Orton corroborates his testi1mony as well as Smith. How does the defence attempt to meet this testimony? It is not by evidence, but by declamation. It is true they had brought up the crew; but what had they proved? They did not contradiet a single part of the testimony. He contended that Rey was not the man who had been put on board the Andrew Ring, but intimated that it was an individual who had lately committed a bank defalcation here. Mr. Robinson could not identify the man who came on board that dark night. [Mr. Collens here interrupted Mr. H., by stating that Mr. Robinson had sworn that he had seen him come on board. Mr. H. here becaume very much excited.] "I would not believe Mr. Robinson if he said so;" but he would not allow his feelings to get the better of his judgment, and he would therefore drop the point. He desired to argue the case dispassionately and without prejudice. In concluding, Mr. H. said he did not ask the court to cast any taint on the character of the accused, but he asked that they should be sent before another court. One good would result from this investigation: it will show foreigners that we do not imitate their manner of arresting criminals; it will show them that they cannot violate our laws with impunity; and whienever henceforth a foreign power instructs its agents to take a man forcibly from our protection, that agent will say: "I wouid obey your commands, but the laws of the country forbid it; I dare not do it." Mr. Hunton's arguments were logical and close to the point, being marked with great ability, The court said that they found themselves compelled, on account of the desire to look at some of the evidence and authorities, to defer giving their opinion until this afternoon at 5 o'clock. They did not desire time to make up a long decision; which it was assured would be very short, whatever it might ble. FIFTEENTH DAY. Decision of the Court. Long before the hour appointed, 5 o'clock yesterday evening, an imn mense concourse had assembled to hear the opinion of the court in this case, which has occupied so much time and created such deep interest and excitement. The accused entered the court precisely at the hour, when their honors took their seats, the counsel for the prosecution and defence being also present. - Justice Bright then called the accused. who answered to their namely Commissioner Cohen then proceeded to read his decision relating to the 17 131 f 154 Spanish consul, and was followed by Justice Bright, who read that part of the commitment relating to McConnell, Llorente, Marie, and Eagle. It will be seen that the commitment is worded with great care and delicacy. Their honors, in committing the accused, have acted without favor, and have fearelessly and impartially discharged what they considered their duty. The following is a copy of the commitment: " The STATE OF LOUISIANA TttE UNITED STATES I Vs. VS. CARLOS DE ESPANA, CARLOS DE ESPANA, Consul of JAMES MCCONNELL, Spain. I FULGENCIA LLORENTE, J HENRY MARIE, and WM. EAGLE. The court, during fourteen days' sessions of not less than five hours each, commencing on the 27th day of July last, and ending on yesterday, the 13th day of August, 1849, have patiently and attentively heard the voluminous testimony of very numerous witnesses, as well on the part of the prosecution as of the defence, and the argument of eight counsel, four on each side of this case: And having carefully considered the same, and the laws which point out and describe the duties of examining and committing magistrates, and the manner in which those duties are to be by them performed, It is decided-not that the accused are clearly guilty of the assault and battery and false imprisonment wherewith they stand charged-but That the testimony is such, and so contradictory, and so conflicting, as to render it proper and necessary to be inquired of by a jury of the country. It is accordingly adjudged by the United States commissioner that the said Don Carlos de Espaina give bond and sufficient surety, in a reasonable amount-that is to say, in the sum of $5,000-conditioned for his appearance at the next term of the circuit court of the United States, for the fifth circuit, to be held in New Orleans on the third Monday of December, 1849, and in default thereof to be committed to the custody of the marshal of the eastern district of Louisiana, until he shall be delivered by due course of law. And it is adjudged, by the second justice of the peace for the parish of Orleans, that said James McConnell, Fulgencia Llorente, Marie, and William Eagle, give like bond and security in the sum of $2,500, conditioned for their appearance at the next term of the first district court of New Orleans; and, in default thereof, they be committed to the custody of the sheriff of the parish of Orleans, until they shall be delivered by due course of law. M. M. COHEN, United States Coommnissioner. GEO. Y. BRIGHT, Second Justice of the Peace for the parish of Orleans. At the conclusion of reading the commitment, a murmur of applause rose from the audience, which increased, notwithstanding the cries of order, into loud demonstrations of approbation. 155 [13 Mr. Foulhouze then rose and said it was with a great and deep feeling of regret that the consul of Spain had heard the decision of the court just delivered by their honors. He would beg leave to file the following protest, which he desired to be spread upon the record, against the power of the United States commissioner to commit the consul. Mr. F. here read the protest: Protest of the Spanish Consul. UNITED STATES VS. CARLOS DE ESPANA. Before M. M Cohen, United States commissioner. The undersigned, consul of her Catholic Majesty, in and for the port of New Orleans, begs leave to enter his solemn protest against the right or power of the United States commissioner, here sitting to investigate this case, to require of him to give bond and security for his appearance to answer this charge, or, in default thereof, to suffer preventive imprisonment in the common jail. And he further protests against the judgment or order to said effect which said commission has given. CARLOS DE ESPANA, Consul of H. C. M. NEW ORLEANS, August 1 1849. Comminssioner Cohen. Has the United States district attorney any objections to offer why his protest should not be filed? Mr. Hunton thought it a matter of very little importance whether it be filed or not. A protest against a judgment of a court is unknown to our laws. He had known of protests in legislative proceedings, but never in judicial proceedings. He had no objection to the filing of the protest. It was no right that the consul could claim, but it was a concession that he was willing to make. Mr. Foulhouze knew of no position but that which Don Carlos de Espaiia had assumed from the first. The gentleman might say it was a concession he was willing to make, and he would thank him for the courtesy extended. He had read to the court, from Elliot's Diplomatic Code, what he conceived to be the rights and the position to which the consul was entitled. Their honors had expressed their satisfaction with the course pursued by the consul in complying with the law and making his appearance to answer the accusation. This was all he had to say. Commissioner Cohen thought it a very innocent document in itself. It was a very unusual course to pursue, and he had, as commissioner, never met with such a precedent; but as no objection had been made, he would order it to be filed. The accused was then ordered to remain in court until they should renew their bonds and give the surety required. The bonds were accordingly given, and the parties bound over to appear before the higher courts accordingly. The court of examination then adjourned sine die. [ 13 1 NAV.Y DEPAPTMENT, January 14, 1850, The Secretary of the Navy, to whom has been referred the resolution of the Senate of the United States of the 7th instant, requesting" the President to communicate to the Senate copies of all correspondence that has taken place with the minister of Spain, in Washington, or the autorities of Cuba, or the American consul at Havana, or others, concerning the abduction of Rey, alias Garcia, from New Orleans, by the Spanish consul of that port, or by his procurement or connivance; together with the correspondence with the district attorney of the United States for the eastern district of Louisiana, or other officer of the government in that State, and the instructions given touching this affair; also copies of all the proceedings and testimony and arguments of counsel, if reported to the government, had and taken relative to it before Judge Bright and Commissioner Cohen, and all the proceedings had, and reports made to the government since that examination; together with all other documents, instructions, correspondence, or other papers touching said affair, in possession of the government;" has the honor to report to the President the accompanying papers, which will be found to contain the official information on file in this department, called for by the resolution. Respectfully submitted. WM. BALLARD PRESTON, To the PRESIDENT OF THE UNITED STATES. NAVY DEPARTMENT, Juyt 28, 1849. SIR: It is probable the department will require the services of the United States steamer "Water Witch" in the course of a few days; you will therefore be pleased to detain that vessel at Pensacola, subject to the orders of the department, to be in readiness for immediate service, and to sail at short notice. Should Captain Newton receive a communication from the United States district attorney at New Orleans, the contents will be disclosed to you by Captain Newton. You will be pleased to regard this communication, as well as the information that may be received from the district attorney of New Orleans, as strictly confidential. Very respectfully, yours, &c., WM. BALLARD PRESTON. Commodore F.. PARKER,I Gommandaing Home Squadron, Pensacola. 157 [ 13 ] NAVY DEPARTMENT, July 28, 1849. SIR: Should you receive a communication from the United States district attorney at New Orleans, you will be pleased to disclose the matter contained in it to Commodore Parker of the home squadron, but to no one else. Very respectfully, yours, &c., WM. BALLARD PRESTON. Captain J. T. NEWVTON, Commanding U. S. navy yard, Pensacola, Fa, STATE DEPARTMENT, Washiin gton, July 28, 1849. SiR: You will communicate to me forthwith all the information you possess or can obtain respecting the alleged abduction and transportation to Cuba of Don Juan Garcia, alias Juan Francisco Rey. If it be true that such a person has been abducted from New Orleans by the Spanish authorities or their agents, you will report the facts with the least possible delay, with a view to further and immediate action. Fail not, on any account, if you find the story in the public papers to be substantially true, also to communicate the facts you can rely upon to Commandant Newton, at Pensacola. It is hoped here that the story may not be true, but if it be, it is allimportant that you ascertain the particulars correctly, and transmit them, as above directed, to Commandant Newton, at Pensacola, as well as to this department. I am, respectfully, your obedient servant, jOHN M, CLAYTON. LOGAN iHUNTON, Esq., United States Attorney, New Orleans, La. [Strictly confidential.] NAVY DEPARTMENT, August 21, 1849. SIR: You will proceed forthwith with the United States ship Germantown, under your command, to Havana, in the island of Cuba, in charge of despatches from the Department of State, and from the Honorable John M. Clayton, secretary of that department, directed to C'"obert B. Campbell, esq., United States consul, Havana, Cuba,' and there deliver the said despatches in person to the said consul. Enclosed herewith you will also find a copy of a confidential order from this department to Commodore Foxhall A. Parker, commanding United States home squadron, to which you are attached; and you are hereby ordered and directed,after the delivery of the before-mentioned despatches, to rejoin the squadron under the command of Commodore Parker, if you are induced to believe, from any reliable information you may receive, that he has, under his confidential order, proceeded in the direction of the island of Cuba in execution thereof; and in the absence of Commodore [ 1 ] 158 Parker, you will be governed by the instructions given to him, a copy of which is enclosed, except so far as by said instructions he is required to proceed to Cat island and the mouth of the Mississippi. After remaining a reasonable time at the island of. Cuba and receiving no information inducing Dyou to believe that a military, expedition is in progress towards that island, you will return to Boston in execution of the orders already given by Commodore Parker, or such other orders as he may give to you. I am, very respectfully, yours, &c.,'WM. BALLARD PRESTON. Commander CHARLES LOWNDES, Commanding U. S. ship Germantown, Boston,l Mass. NAVY DEPARTMENT, August 21, 1849. SIR: The enclosed packet, addressed to Commander Charles Lowndes commanding the United States ship Germantown, you will be pleased to have delivered to him with all practicable despatch. His services with the vessel under his command are required under confidential instructions; you will, therefore, be pleased to facilitate his movements by affording every aid in your power to hasten his departure from Boston. I am, very respectfully, yours, &c...M. BALLARD PRESTON. Commodore JOHN DOWNES, Comnnanding U. navy yard, Boston. [Strictly confidential.]. NAVY DEPARTMENT) August 9, 1849. SIR: Though the government has no precise information, yet it hasbeen informed, by a communication from Brevet Major General Twiggs,'that six hundred men, raised in New Orleans, landed, on the 31st ult.,. on Round Island, three miles from Pascagoula; that they are unarmed,. and encamped, under their commander, Colonel White.' General Twiggs was informed by Colonel White. that it was a party of emigrants destined to California." The General further states, " that, large as was the. body of men, he should have given the subject no consideration, but for the popular belief that an expedition is being fitted out'in the Southwest and West for the invasion of Cuba, or to revolutionize the Mexican States of the Sierra Madre." "Rumor here" (the General remarks) "and in the city of New Orleans points to this body of six hundred men as a portion of the band to be employed, and which is to receive large re-enfbrceinents from the western States.' Other information, less authentic, has been furnished, in which it is alleged " that. Colonel White is preparing an expedition against Cuba;. that, on the 2Sth ultimo, he had raised four hundred men. in New Orleans;. that he expected to raise in that city in all eight hundred, and corresponding numbers in Boston, New Yorkl and Baltimore; that the recrits at 159 [ 1 ] Newv Orleans are to be drilled at Cat Island, from which point they are to embark, in the steamer Fanny, about the 20th or 25th instant, for the south side of Cuba; and that a considerable number of the military in Cuba are said to be in communication with them." " Colonel.'Briscoe, of New Orleans, and Charles C. Campbell, are to be officers in the expedition - that Whiting & Co., of New Orleans, have $250,000 to forward the expedition. " Any such invasion of either Cuba or Mexico is a violation of our obligations of neutrality, as we are at peace with both governments. The United States are bound to respect the rights both of Spain and of Mexico; and " no person is permitted, within the territory or jurisdiction of tha United States, to begin, or to set on foot, or provide, or prepare the means for any military expedition or enterprise to be carried on from thence against the territory of any foreign prince or State, or of any colony, district, or people, with which the United States are at peace. You are therefore directed by the President to repair forthwith, with the force under your command, to the vicinity of Cat Island and the mouth of the Mississippi river, and co-operate with the district attorney of the United States and the collector of the customs at New Orleans, and act in concert with them, availing yourself of all such information and of all such means as they may have at their command, and vigilantly and actively observe the movements and operations of any bands or assemblages of people, for the purpose of ascertaining whether any hostile military expedition or enterprise is begun or set on foot, or any means provided, against the territory or dominions of any prince or State, or any colony, district, or people, with which the United States are at peace. Should you discover and ascertain any such attempt by any portion of our citizens to invade either Cuba or Mexico, you will employ the force under your command to prevent it. If you should receive any information, or discover any fact, with regard to said movements, you will not only take prompt measures to avert it, but you will give early notice to the department. Should you, on reaching Cat Island and its vicinity, ascertain that a hostile movement is on foot and has proceeded against the island of Cuba, you will repair, with the force under your command, to that island, and use all proper means in your power to prevent their landing, so as to avert and prevent the violation tbf our obligations, of amity' and peace with Spain. The duty assigned to you may become highly delicate and important. The department relies upon your prudence, your sagacity, and your discretion, for the successful accomplishment of the service to which you are ordered. Very respectfully, yours, &., WM. BALLARD PRESTON. Commodore FOXHALL A. PARKER,:omlmanding, US. - Home Squadron, Pensacola, ea. NAVY YARD, BOSTON, August 25, 1849. SIR: I have received your letter of the 21st instant, with one enclosed for Commander Charles Lowndes, commanding the United States ship is3] 160 Germantown. It shall be delivered to him upon his arrival here, and every facility given to hasten his departure. I have the honor to be, very respectfully, your obedient servant, JOHN DOWNES, Commandant. Hon. WM. BALLARD PRESTON, Secretary of the Navy, Wiashington. U.S. S. IP GERMANTOWN, Boston Bay, August 28, 1849. SIR: I have the honor to acquaint you that I have this day sailed from the port of Boston, in view of executing your order of the 23d instant, received through Commodore Downes, and marked "strictly confidential." I have also the honor to acknowledge the receipt of the despatches which accompanied that order. I am, very respectfully, sir, your obedient servant, CHARLES LO'WNDES, Commander. Hon. W. B. PRESTON, Secretary of the Navy. [No. 32.] U. S. FLAG SHIP RARITAN, OfT Aew]port, R. I., Stember 6, 1849. SIR: I have the honor to inform the department that the " Raritan" and " Saratoga" arrived here this (lay in twenty-two days from Pensacola. I hove to off the town of Havana on the afternoon of the 24th ultimo, and the next morning sent Lieutenant Huger with a letter to our consul, General Campbell. I enclose minutes of a conversation he had with him. It was there I first heard of the contemplated invasion of Cuba by somie of our countrymen, and received the President's proclamation. Since then, I have been keeping a bright look out for vessels with troops, &c., said to be about sailing from New York. General Campbell stated that the man Rey, or Garcia, w s certainly forcibly taken away from New Orleans. He was given up and sent'iback in the American brig " Salvadora" on the 19th of August. Oa thle 29th ultimo, we fell in with the schooner "CThos. i. Huger, from Galveston, (Texas,) bound to New York, short of water, sails wanrting repairs, and the loss of her ensign. The " Saratoga" supplied her wants by signal from this ship. The gales during the autumnal equinox on our coast are usually severe; I therefore propose going either to Boston or Norfolk, whichever dock is vacant, early this month, to give the ships such repairs as are necessary. It will be well to dock this ship before returning to the West Indies, where the worm is so destructive, as some of the copper may have been rubbed from her keel when she touched on the coral reef off " St. Thomas." This may be done in forty-eight hours, and we can then cruise on our Atlantic coast until the time arrives for our return 161 [13 south. This ship will soon be compelled to go to some port where we cah get supplies, as we only took from Pensacola enough, or little more than enough, to last us to one of the Atlantic ports. I have written to the Chief of the Bureau of Construction, &c., relating to docking this ship, and the necessary repairs to the "Saratoga." On leaving Pensacola, I directed Commander Randolph to keep the "Albany" ready for sea, and comply with any orders Captain Newton might (in my absence) receive from the department, requiring the services of a vessel of war. I also requested Captain Newton to open my public letters, and to act on them, if necessary. I remained at Pensacola ten days after the receipt of your despatch, in which you alluded to a letter that Captain Newton might receive from the district attorney at Nevw Orleans. We have a good many sick on board who were left at different times at the hospital, Pensacola. Some will have to go to the hospital, and others (who wish it) be discharged. The names of the latterwill be sent for your approval: they are not fit for the service. It is singular that I heard nothing in Pensacola about the expedition said to be on foot at Cat island for the invasion of Cuba, although we were in daily receipt of newspapers from New Orleans. I presumed that the letter expected from the district attorney at New Orleans to Captain Newton related to the abduction of Rey, and thought it might have a good effect to show a part of the squadron off the town of Havana, as well as to get correct information from our consul in relation to that affair. Havana was very sickly, (yellow fever;) but notwithstanding, vessels from the United States were quarantined twenty days. I have the honor to be, sir, with great respect, your obedient servant, FOXHALL A. PARKER, Commanding home squadron. Hon.. W. B. PRESTON, Secretary of the Navy, /Washington, D. C. P. S.-In case of an emergency, the "Saratoga" could go to sea immediately, and this ship as soon as we could fill up with provisions, Should the emergency be very great, it would save time to have provisions sent from Boston to Newport by railroad, and the cost would not probably exceed the charge for pilotage in and out port. Respectfully, &c., FOXHALL A. PARKER, (Commanding home squadron. U. S. SHrIP RARITAN, At sea, August 25, 1849. SIa: Agreeably to your request, I herewith give you the outlines of a conversation with General R. B. Campbell, our consul at the Havana. General Campbell stated to me that the schooner "Mary Ellen" had arrived at the Havana without any registered passengers on board; and several days after this, he heard rumors of the abduction of Rey, or Garcia, and that he had made some inquiries alout him, but could ob18 13 162 tain nothing satisfactory; that he then heard she had stopped at Mariel and landed a passenger; that he went to the latter place, but could hear nothing of any passenger there. Upon his return, he saw a negro man, who told hini that Garcia had been brought over, and was on board of some vessel then in the harbor; that he had visited the vessel mentioned, accompanied by the captain of the port, and one or two other officers of the government, and saw the man Garcia; and, upon questioning him, the man said he had come over of his own free will, and had not been abducted; that upon this, his inquiries ended; but that after this, his inforrmation was such as to induce him to believe there was some mystery in the business, and finding that Garcia h'ad been imprisoned and incommnunicated, he had demanded to see him officially, with two witnesses, and without the presence of any government officer, but that this was refused to him; that Garcia had written two letters to him, neither of which he got for a long time after they were written; but upon the receipt of'one of them, which he received at last, and in which Garcia said he had not been candid with himn in the conversation he had had, because of the presence of the Spanish officials, that now he could tell him he had not come over of his own accord, but had been forced to come; that, having this letter, he could go to work with some evidence; and that the only thing to get now was the evidence that Garcia had written this letter; that, after two or three interviews with the Captain General, he (the Captain General) had acknowledged that the letter was written by Garcia, and promised to release him. I asked General Campbell if the government were concerned in this. -le told me that he had no doubt of it; that, at any rate, the whole affair was wrapped in a great deal of mystery, to say the least of it, and that he had received instructions from the State Department relative to the steps to be taken if he found the government were concerned in the abduction, but that he had not received these instructions until after the business had been settled; and that as he could not prove the connexion of the Captain General with it, of course he could not take the steps he would otherwise have done. He told me that a memorial of this, man (Garcia) for a pardon and permission to return to the island, also his passports, had been made out and kept in readiness for any emergency, and that, finding the excitement this case had created in the United States, and the steps he'was taking to have him liberated, they had sent the memorial to Garcia, and upon his signing it he was liberated and his passports given him, and sent down under an escort to the brig " Salvadora," which vessel he (General Campbell) had chartered to take him (Rey) over to New Orleans; that he had seen the nan put on board, and had made the captain lock him up tin his cabin until he was outside, and that he was to take the man to the Balize, and, leaving his vessel there, (General Campbell to pay any demurrage) take the railroad across to the city, and not to lose sight of the man until he had delivered him in person to the district attorney. General Campbell also told me that the Spanish consul had been bound over in a large sum to appear before the district court of New Orleans; he also stated to me that news had been received of an intended invasion of the island of Cuba; that there were one thousand troops collected on Cat island under the command of Colonel White, and two or three thousahd in New York; that they had collected a great deal of money, and that the leader of this expedition had not been decided 163 [ 1 upon; that Lopez, a creole from Havana, was to be the second in command; that this had created a great deal of excitement; that all the military posts had been strengthened and put on the alert; that they had increases their cavalry force some two or three hundred; that in case a civil war did break dut, it would be necessary to have one vessel of war, at least,in the harbor for the protection of the American interests. He also gave me the proclamation of the President of the United States with regard to the expedition fitting out for the said invasion, which I had the honor to hand ta you. I believe I have now, sir, given you the substance of the conversation between General Campbell and myself. I have the honor to be, very respectfully, your obedient servant, T. B. HUGER, Flag Lieutenant. P. S.-I fbrgot to state that Garcia had been sent back on Sunday morning, the 19th instant. Respectfully, &c., T. B. H. Commodore F. A. PARKER, Co'tmmnanding home squadron. UNITED STATES SHIP GERMANTOWN, Port of Havana, September 26, 1849. SIR: I have the honor to informyou of my having arrived at Havana on the 16th ultimo in command of the " Germantown," and report to you the delivery of the despatches intrusted to my care addressed to Robert B. Campbell, esq., United States consul, Havana. On the 29th proximo I contemplate sailing for Matanzas, in view of showing the ship and our flag in that port, for a few days only, on my return. Should I receive no information inducing me to believe that a military expedition is in progress towards this island, I shall return to one of our Atlantic ports, in accordance with your instructions dated August 21, 1849. I have the honor to be, very respectfully, your obedient servant, CHARLES LOWNDES, C&ommander' Hon. WM. B. PRESTON, Secretary of the Navy, Washington city, D. Co